Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CULT |
VERHEYEN Sabine (![]() ![]() |
DZHAMBAZKI Angel (![]() ![]() ![]() ![]() ![]() |
Committee Opinion | ECON | ||
Committee Opinion | EMPL | ||
Committee Opinion | ENVI |
DORFMANN Herbert (![]() |
Daciana Octavia SÂRBU (![]() |
Committee Opinion | ITRE | ||
Committee Opinion | IMCO |
MCCLARKIN Emma (![]() |
Anna HEDH (![]() ![]() ![]() ![]() |
Committee Opinion | JURI |
BUDA Daniel (![]() |
Max ANDERSSON (![]() ![]() |
Committee Opinion | LIBE |
MLINAR Angelika (![]() |
Jan Philipp ALBRECHT (![]() ![]() ![]() |
Committee Opinion | FEMM |
Lead committee dossier:
Legal Basis:
TFEU 062, TFEU 153-p1
Legal Basis:
TFEU 062, TFEU 153-p1Subjects
- 3.30.01 Audiovisual industry and services
- 3.30.02 Television, cable, digital, mobile
- 3.30.06 Information and communication technologies, digital technologies
- 3.30.08 Press, media freedom and pluralism
- 3.30.25 International information networks and society, internet
- 4.45.06 Heritage and culture protection, movement of works of art
- 4.60.02 Consumer information, advertising, labelling
Events
PURPOSE: to amend Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities.
LEGISLATIVE ACT: Directive (EU) 2018/1808 of the European Parliament and of the Council amending Directive 2010/13/EU 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) in view of changing market realities.
CONTENT: this Directive amends Directive 2010/13/EU in order to take into account changes in the audiovisual landscape and in particular the convergence between television and Internet services.
Fair conditions for all operators
The updated legislation shall apply to all broadcasters, but also to video-on-demand and online video-sharing platforms and social media services if the provision of user-generated programmes and videos is an essential feature. This shall ensure a level playing field between the conventional broadcasting sector and new services.
The Directive ensures flexibility as Member States are able to adapt the rules to national conditions and even adopt stricter ones if they so wish.
Increased protection of consumers, in particular minors
The protection of minors and all users from violent or harmful content and hate speech will be improved by establishing clear accountability for video sharing platforms. The most harmful content, such as pornography and gratuitous violence, shall be subject to the strictest measures such as encryption and the use of effective parental control.
Media service providers shall provide sufficient information on content likely to harm the physical, mental or moral development of minors. This information may be provided, for example, by means of a system of content descriptors, an acoustic warning, a visual symbol or any other means, describing the nature of the content.
Video-sharing platforms shall provide transparent and user-friendly mechanisms for platform users to report harmful content.
The amending Directive imposes measures to ensure that personal data of minors collected by audiovisual media providers are not used for commercial purposes, in particular for direct marketing, profiling and behavioural advertising.
In addition, services provided by media service providers under their jurisdiction shall be continuously and progressively made more accessible to people with disabilities.
Member States will be able to take action through their national audiovisual regulatory authorities against operators who do not comply with the rules.
Freedom of expression, media pluralism, cultural diversity
Any measures taken by Member States pursuant to the Directive must respect freedom of expression and information, media pluralism and cultural and linguistic diversity.
Member States shall ensure that media service providers of on-demand audiovisual media services under their jurisdiction secure at least a 30 % share of European works in their catalogues and ensure prominence of those works.
In order to contribute to the development of European audiovisual productions, Member States may require financial participation from on-demand television and media service providers, in particular those established in another Member State. Exceptions are provided to make it easier for start-ups and small businesses.
In order to strengthen freedom of expression, and, by extension, to promote media pluralism and avoid conflicts of interest, it is important for Member States to ensure that users have easy and direct access at any time to information about media service providers.
Advertising
Under the new rules, the transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising, teleshopping, or both, once for each scheduled period of at least 30 minutes.
The transmission of teleshopping (product placement) shall be prohibited during children´s programmes.
Advertising must represent a maximum of 20% of the air time between 6 a.m. and 6 p.m. During the period between 18 and 24 hours, advertising may not exceed 20% of the air time.
Advertising shall not (i) use subliminal techniques, (ii) violate human dignity, (iii) discriminate on grounds of sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation, or (iv) encourage behaviour prejudicial to health or safety.
Under no circumstances shall programmes include product placement of cigarettes and other tobacco products, as well as electronic cigarettes and refill containers.
ENTRY INTO FORCE: 18.12.2018.
TRANSPOSITION: from 19.9.2019.
The European Parliament adopted by 452 votes to 132, with 65 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Purpose and scope : the purpose of this proposal is to amend Directive 2010/13/EU in order to take into account changes in the audiovisual landscape, in particular the convergence between television and Internet services. The updated legislation shall apply to all broadcasters, but also to video-on-demand and online video-sharing platforms and social media services if the provision of user-generated programmes and videos is an essential feature.
Protection of minors : video-sharing platform services provide audiovisual content that is increasingly consulted by the general public, especially young people. The protection of minors and all users from harmful content as well as speech inciting hatred, violence and terrorism shall be improved by establishing a clear responsibility for video-sharing platforms . The most harmful content, such as pornography and gratuitous violence, shall be subject to the most stringent measures.
Video-sharing platforms shall provide: (i) transparent and user-friendly mechanisms for platform users to report harmful content ; (ii) systems for platform providers to explain to users what effect has been taken on the reports; (iii) transparent and user-friendly procedures for handling and resolving user complaints; and (iv) effective media literacy measures and tools.
The amended text imposes measures to ensure that personal data of minors collected by audiovisual media providers are not used for commercial purposes, such as direct marketing, profiling and behaviourally targeted advertising.
Member States shall be able to take action through their national audiovisual regulatory authorities against operators who do not comply with the rules. The revised Directive shall improve cooperation between Member States' audiovisual authorities by strengthening the European Regulators Group for Audiovisual Media Services (ERGA) and defining its role in EU legislation.
Accessibility : Member States shall ensure that services provided by media service providers under their jurisdiction are continuously and progressively made more accessible to persons with disabilities . Service providers shall be encouraged to develop accessibility action plans. These action plans should be communicated to national regulatory authorities or bodies.
Advertising : under the new rules, the transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising, teleshopping, or both, once for each scheduled period of at least 30 minutes . The transmission of teleshopping shall be prohibited during children´s programmes.
Advertising shall represent a maximum of 20% of air time between 06.00. and 18.00 . During the period between 18 and 24 hours, advertising may not exceed 20% of the air time. The proportion of television advertising spots and teleshopping spots within the period between 18.00 and 24.00 shall not exceed 20 % of that period. Under no circumstances shall programmes include product placement of cigarettes and other tobacco products, as well as electronic cigarettes and refill containers.
Cultural diversity : Member States shall ensure that media service providers of on-demand audiovisual media services under their jurisdiction secure at least a 30 % share of European works in their catalogues and ensure prominence of those works. In order to contribute to the development of European audiovisual productions, Member States may require financial participation from on-demand television and media service providers, in particular those established in another Member State. These obligations shall not apply to media service providers with a low turnover or a low audience.
Transparency and media pluralism : according to the revised Directive, Member States shall be able to determine whether and to what extent information about the ownership structure of a media service provider should be accessible to users, provided that the essence of the fundamental rights and freedoms concerned is respected and that such measures are necessary and proportionate. It is for each Member State to decide, in particular with respect to the information which may be provided on ownership structure and beneficial owners.
The Committee on Culture and Education adopted the report by Sabine VERHEYEN (EPP, DE) and Petra KAMMEREVERT (S&D, DE) on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities.
The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:
Purpose and scope of the Directive : in general, Members advocated tightening up the child protection provisions of EU rules on audiovisual media services and also those on advertising and promoting European audiovisual works. Members seek to enhance the current rules to the increasing convergence of media markets and technologies in Europe. This convergence of media requires an updated legal framework in order to reflect developments in the market and to achieve a balance between access to online content services, consumer protection and competitiveness.
The scope of the Directive is being extended to cover not only traditional broadcasting and on-demand services, but also video-sharing platform services as well as user-generated videos . Members proposed extending the definition of ‘programme’ to include family programmes such as entertainment and reality programmes , which are watched by adults and children alike.
In order to align the provisions for these services and to create a genuine level playing field, Chapter I of the proposed Directive has been restructured . Certain Articles concerning, inter alia : incitement to violence or hatred, protection of minors from harmful content, audiovisual commercial communications, sponsoring, co- and self-regulations and codes of conduct, have been merged.
Protection of minors and quotas : Members proposed banning advertising and product placement for tobacco, electronic cigarettes and alcohol in children’s TV programmes and video-sharing platforms. The transmission of children’s programmes may be interrupted by television advertising once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is greater than 30 minutes. The transmission of teleshopping shall be prohibited during children´s programmes. Member States shall remain free to define a prime time window, the duration of which shall not exceed a period of four consecutive hours. Within such a prime time window, the proportion of television advertising spots and teleshopping spots shall not exceed 20 %.
Quantitative advertising rules, commercial communications and product placement : Members called for a higher degree of flexibility on quantitative advertising rules is necessary. Members stated that it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising should be introduced. It is also necessary, however, to maintain a sufficient level of consumer protection in that regard because such flexibility could expose viewers to an excessive amount of advertising during prime time. Specific limits should therefore apply within prime time windows.
Commercial communications regarding alcoholic beverages, tobacco and medical products should still be limited. No television advertising or teleshopping shall be inserted during religious services. Members stipulated that isolated advertising and teleshopping spots shall be admissible in sports events.
Limitations for commercial communications concerning nutrition should be agreed in codes of conduct in order to achieve a higher level of protection. Those codes shall aim to effectively reduce the exposure of children to audiovisual commercial communications for such foods and beverages.
Promotion of European audiovisual works : in order to reflect Europe’s cultural diversity, Members called for a 30% quota of European works in on-demand platform catalogues, instead of the 20% proposed by the EU Commission.
Members suggested that Member States may require that providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, taking into account the cultural and linguistic diversity of the territorial area in which they are located or provide their service, including via direct investment in content and contributions to national funds.
European Regulators Group for Audiovisual Media Services (ERGA) and the contact committee : while welcoming the contribution of the ERGA as an informative and consultative body, Members suggested that the contact committee should be given more competences. It should decide on opinions, including on jurisdiction and Union rules and codes of conduct in the area of protection of minors and hate speech as well as for audiovisual commercial communications for foods high in fat, salt/sodium and sugars drafted by the ERGA, in order to facilitate coordination with the law of the Member States.
PURPOSE: to amend Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the last substantive amendment to Directive 89/552/EEC of the Council, later codified by Directive 2010/13/EU of the European Parliament and of the Council on audiovisual media services (Audiovisual Media Services Directive), was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council.
Since then, the audiovisual media landscape is changing at a rapid pace due to ever-increasing convergence between television and services distributed via the internet. Consumers increasingly access on-demand content via smart/connected TVs and portable devices. Young consumers, particularly, watch videos, including user-generated content, on the internet.
Traditional broadcasting in the EU remains strong in terms of viewership, advertising revenues, and investment in content (around 30% of revenues). However, new business models are emerging.
Underpinning the continued added value of the EU intervention, the Commission stressed that the EU-wide dimension of the audiovisual market is constantly increasing , in particular due to online growth and the fact that TV channels are becoming more international:
at the end of 2013, 5 141 TV channels (not counting local channels and windows) were established in the EU. This share had increased from 28 % in 2009 —year of implementation— to 38 % in 2013; as far as video-on-demand services are concerned, 31 % of the video-on-demand services available in Member State on average are established in another EU country (2015).
The Digital Single Market (DSM) strategy for Europe calls for a modernisation of the Audiovisual Media Services Directive (AVMSD) to reflect these market, consumption and technological changes. Pursuant to this commitment and in line with ‘Better Regulation’ requirements, the Commission carried out an ex post evaluation (also called ‘REFIT’). It assessed the effectiveness, efficiency, relevance, coherence and EU added-value of the AVMSD, and pinpointed areas where there is potential for simplification, without undermining the objectives of the AVMSD.
IMPACT ASSESSMENT: the combination of preferred options is deemed to strike the best balance between the need to introduce flexibility with respect to the current level of regulation and ensuring adequate consumer protection:
the industry will benefit from more flexible quantitative rules on commercial communications. The increased efficiency of the country of origin principle and the requirements for the independence of regulators would improve the business environment in which audiovisual players operate; consumers will : (i) be guaranteed a high level of protection through the limited extension of the AVMSD to video-sharing platforms and the reinforcement of the requirements applicable to on-demand services in terms of the protection of minors; (ii) consumers will also benefit from a greater access to European works in on-demand services.
All options take into account, where appropriate, the need for flexibility for the industry by considering possible implementation via self and/or co-regulation.
CONTENT: this proposal seeks to amend Directive 2010/13/EU in order to take into account changes in the audiovisual landscape since the last revision to ensure that the AVMSD will provide a modernised, flexible and forward looking legal framework .
The main elements of the amended Directive are as follows:
Country of origin principle for media service providers : this principle is maintained and reinforced by simplifying the rules determining which country has jurisdiction and improving the derogation mechanisms in cases of exceptions.
Minimum harmonisation : the amended Directive will continue to be based on minimum harmonisation. However, a higher degree of harmonisation is sought by reinforcing the independence of audiovisual regulators.
The proposal reinforces the role of the European Regulators Group for Audiovisual Media Services (ERGA) by giving it more tasks when advising and assisting the Commission in consistent implementation of the directive in all Member States.
Protection of minors : the proposal provides for alignment of the standards of protection for TV broadcasting and on-demand services . It requires that programmes that may impair the physical, mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. This is regardless of whether such programmes are broadcast by TV broadcasters or provided by on-demand media service providers.
Promotion of European works : the proposal creates a more level playing field in the promotion of European works by obliging on-demand services to reserve at least 20% share for European works in their catalogues and to ensure adequate prominence of such works.
Member States may also impose financial contributions to on-demand services in their jurisdictions as well as, under certain conditions, to those established in a different Member State but targeting their national audiences. 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.
Balance between competitiveness and consumer protection : the proposal achieves a balance between competitiveness and consumer protection by, on the one hand, introducing more flexibility for all audiovisual media services on product placement and sponsorship and increased flexibility for TV broadcasting.
The hourly limit is replaced by a daily limit of 20% of advertising during the period between 07:00 and 23:00 . Films made for television, cinematographic works and news could be interrupted more often and isolated spots would be admissible.
On the other hand, the future Directive will also strengthen provisions to protect minors from inappropriate audiovisual commercial communications of foods high in fat, salt/sodium and sugars and alcohol beverages by, where necessary, encouraging codes of conduct at EU level.
Scope : a further new feature is the extension of its scope to cover, in certain respects, video-sharing platform services which do not have editorial responsibility for the content that they store but which organise that content, through various means.
Video-sharing platform providers : the amended Directive would introduce an obligation on Member States to ensure that, within their field of responsibility, video-sharing platform providers put in place, preferably through co-regulation , appropriate measures to: (i) protect minors from harmful content; and (ii) protect all citizens from incitement to violence or hatred.
Member States continue to be bound by the rules of the e-Commerce Directive (ECD). They would consequently not be allowed to impose on providers any general obligation to monitor content or to actively engage in fact-finding, without precluding the imposition of monitoring requirements in specific cases.
Furthermore, this is also without prejudice to Directive 2011/93/EU , which requires Member States to take measures against websites containing or disseminating child pornography.
Provision of information society services provided from another Member State : the ECD sets out the principle of country of origin, subject to a number of possible exceptions. This system will continue to apply to video-sharing platforms providers.
The proposal seeks to ensure that the same rules also apply to such providers which do not have an establishment in a Member State, but which have a parent company, a subsidiary or another entity of the same group with such an establishment.
Lastly, the Commission would facilitate, with ERGA's support, the coordination of codes of conduct at EU level. Moreover, a complaint and redress mechanism should be foreseen at national level.
Documents
- Final act published in Official Journal: Directive 2018/1808
- Final act published in Official Journal: OJ L 303 28.11.2018, p. 0069
- Commission response to text adopted in plenary: SP(2018)755
- Draft final act: 00033/2018/LEX
- Decision by Parliament, 1st reading: T8-0364/2018
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE625.433
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2018)005158
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005158
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A8-0192/2017
- Committee opinion: PE593.952
- Committee opinion: PE592.287
- Committee opinion: PE589.491
- Committee opinion: PE589.291
- Contribution: COM(2016)0287
- Committee of the Regions: opinion: CDR4093/2016
- Contribution: COM(2016)0287
- Debate in Council: 3502
- Amendments tabled in committee: PE589.372
- Amendments tabled in committee: PE592.326
- Amendments tabled in committee: PE592.349
- Amendments tabled in committee: PE592.350
- Economic and Social Committee: opinion, report: CES3427/2016
- Contribution: COM(2016)0287
- Committee draft report: PE587.655
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Debate in Council: 3471
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0168
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0169
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2016)0170
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2016)0171
- Legislative proposal published: COM(2016)0287
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0168
- Document attached to the procedure: EUR-Lex SWD(2016)0169
- Follow-up document: EUR-Lex SWD(2016)0170
- Follow-up document: EUR-Lex SWD(2016)0171
- Committee draft report: PE587.655
- Economic and Social Committee: opinion, report: CES3427/2016
- Amendments tabled in committee: PE589.372
- Amendments tabled in committee: PE592.326
- Amendments tabled in committee: PE592.349
- Amendments tabled in committee: PE592.350
- Committee of the Regions: opinion: CDR4093/2016
- Committee opinion: PE589.291
- Committee opinion: PE589.491
- Committee opinion: PE592.287
- Committee opinion: PE593.952
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005158
- Draft final act: 00033/2018/LEX
- Commission response to text adopted in plenary: SP(2018)755
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
- Contribution: COM(2016)0287
Activities
- Ulrike LUNACEK
Plenary Speeches (6)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote)
- Hannu TAKKULA
Plenary Speeches (3)
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote) FI
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote) FI
- 2016/11/22 Decision to enter into interinstitutional negotiations: Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (A8-0192/2017 - Sabine Verheyen, Petra Kammerevert) (vote) FI
Votes
A8-0192/2017 - Sabine Verheyen et Petra Kammerevert - Am 84 02/10/2018 12:20:09.000 #
A8-0192/2017 - Sabine Verheyen et Petra Kammerevert - Am 83 02/10/2018 12:21:07.000 #
Amendments | Dossier |
1729 |
2016/0151(COD)
2016/10/19
IMCO
284 amendments...
Amendment 100 #
Proposal for a directive 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, service providers operating on smaller markets or facing an economic crisis and/or 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 could 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. At the same time, it would be worthwhile having a system that encourages financial assistance for the production of quality European works, such as through tax incentives. __________________ 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 101 #
Proposal for a directive Recital 25 (25) In order to ensure that obligations on promotion of European works do not undermine market development and to
Amendment 102 #
Proposal for a directive Recital 25 a (new) (25a) The Commission should ensure adequate and geographically-diversified funding under the Creative Europe Media programme to support the circulation of creative content across borders, including improvement of digital distribution of European audiovisual works and the development of innovative financing models for creative content
Amendment 103 #
Proposal for a directive Recital 25 a (new) (25a) It would be recommendable for Member States to adopt a simple joint reporting system, linked to a single database for European works and independent productions as defined according to the criteria set in the directive;
Amendment 104 #
Proposal for a directive Recital 25 b (new) (25b) Imposing financial obligations could also be viewed as a competitive disadvantage, in that national providers would have to compete against service providers established in another Member State in order to secure the same audiences and revenue, but with scarcer means and under different requirements. National providers could benefit from flexibility when it comes to adapting business models for the promotion of European works, while avoiding the introduction of measures that could distort competition. In that respect, the calculation of the share reserved for works should be made on the basis of all the programme services provided by a media group, rather than on the basis of each individual programme service provided by a media group;
Amendment 105 #
Proposal for a directive Recital 26 Amendment 106 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing
Amendment 107 #
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
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.
Amendment 109 #
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
Amendment 110 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider.
Amendment 111 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider.
Amendment 112 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms is not
Amendment 113 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However,
Amendment 114 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms or social medias is not under the editorial responsibility of the video-sharing platform provider. However, those 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 required 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 terrorism or 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.
Amendment 115 #
Proposal for a directive Recital 29 (29)
Amendment 116 #
Proposal for a directive Recital 29 (29)
Amendment 117 #
Proposal for a directive Recital 30 Amendment 118 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged.
Amendment 119 #
Proposal for a directive Recital 30 (30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation, that is transparent and accountable, should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive.
Amendment 120 #
Proposal for a directive Recital 30 (30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation, that is transparent and accountable, should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should
Amendment 121 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive.
Amendment 122 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged
Amendment 123 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation
Amendment 124 #
Proposal for a directive Recital 31 (31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to terrorism, violence or hatred in accordance with this Directive, 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
Amendment 125 #
Proposal for a directive Recital 31 a (new) (31a) To ensure that the fundamental rights of users are protected, 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 126 #
Proposal for a directive Recital 32 Amendment 127 #
Proposal for a directive 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. 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
Amendment 128 #
Proposal for a directive Recital 32 (32) The video-sharing platform providers covered by this Directive provide
Amendment 129 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States
Amendment 130 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view
Amendment 131 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of
Amendment 132 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities and functionally independent organs of such entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and
Amendment 133 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role, and indeed the widening of its powers, in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 134 #
Proposal for a directive Recital 37 (37) The Commission should be free to
Amendment 135 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech, democracy and cultural diversity. Such obligations should
Amendment 136 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to
Amendment 137 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose
Amendment 138 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure non-discriminatory discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings,
Amendment 139 #
Proposal for a directive Recital 39 a (new) (39a) Any self-and co-regulatory measure implemented at Member State level shall fully respect the obligations under the Charter of Fundamental Rights, including article 52 of the Charter.
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a Directive 2010/13/EU Article 1 – paragraph 1 – point a – point i (i) a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, where the principal purpose of the service
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – introductory part (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 all the following requirements:
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – point i (i) the service consists of the storage or allows the making available of a large amount of programmes or user-
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – point i (i) the service consists of the storage or provision of a large amount of programmes or user-
Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – point ii (ii) the organisation of the stored content is determined by the provider of the service
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – point ii (ii) the organisation of the stored content is determined by the provider of the service
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point aa – point iii (iii) the
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b b (new) (da) the following points are inserted: (bb) Access service: an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. The access services include subtitles for the deaf and hard of hearing, audio description, spoken subtitles or audio subtitles and sign language interpretation. (bc) Subtitles for the deaf and hard of hearing: synchronized visual text alternative for both speech and non- speech audio information needed to understand the media content. (bd) Audio description: additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of the programme that cannot be understood from the main soundtrack alone. (be) Spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language. (bf) Sign language interpretation: simultaneous translation of both speech and non-speech audio information needed to understand the programme, provided in the national sign language.
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point d b (new) (ea) The following point is inserted '(db) 'access service': an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. The access services include inter alia, subtitles, audio description, spoken or audio subtitles and sign language interpretation
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
Amendment 150 #
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
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 b 5b. Where, in applying Articles 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide a
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point a (a) manifestly, seriously and gravely infringes Articles 6, 7 or 12
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point a (a) manifestly, seriously and gravely infringes Articles 6, 7 or 12
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point d Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 The Commission shall, within t
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.
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.
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.
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a Directive 2010/13/EU Article 4 – paragraph1 Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a Directive 2010/13/EU Article 4 – paragraph 1 1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a Directive 2010/13/EU Article 4 – paragraph 1 1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a Directive 2010/13/EU Article 4 – paragraph 1 1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles
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.
Amendment 166 #
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
Amendment 167 #
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
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
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 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
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 1 Member States and the Commission shall encourage co-
Amendment 172 #
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
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 2 Draft Union codes of conduct referred to in Articles 6a (3), 9(2) and 9(4) and amendments or extensions to existing Union codes of conduct shall be submitted to the Commission by the signatories of these codes for information.
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 3 The Commission may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 3 The Commission may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d a (new) Directive 2010/13/EU Article 4 – paragraph 8 (da) Paragraph 8 is amended as follows: 8. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2010/13/EU Article 4 – paragraph 8 a (new) (5a) A new paragraph is added as follows: 8a. This Directive is without prejudice to the ability of Member States to impose obligations to ensure access to and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity.;
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 Member States shall ensure by appropriate 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, religion or belief, disability, age or sexual orientation; (b) any incitement to commit or to seek to justify terrorist acts;
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 Member States shall ensure by appropriate 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, rac
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to the commission of terrorist acts or 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.;
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.;
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 9 2a. Encourage Member States to develop media literacy as a future-proof tool to develop children´s capabilities to understand the difference between content and commercial communications.
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 3 (3) The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union.
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point c – point ii (-aa) paragraph 1, point c, point ii is amended as follows: ‘(ii) include or promote any discrimination based on sex, rac
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 11 -aa (new) Directive 2010/13/EU Article 9 – paragraph 1 – point c – point iv a (new) (11 -aa) The following point is added : ‘(iva) be targeted at minors;’
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e (aa) Paragraph 1, point (e) is amended as following: (e) audiovisual commercial communications for alcoholic or high caffeine content beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages;
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 11 -ab (new) Directive 2010/13/EU Article 9 – paragraph 1 – point g a (new) (11 -ab) The following point is added: ‘(ga) Any audiovisual commercial communications, accompanying or included in programmes with a significant children's audience shall be prohibited.’
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a 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
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
Amendment 195 #
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
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in children's programmes and programmes with a significant children
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars. The WHO nutrient´s profile shall be used as a guidance when defining which foods and beverages can or cannot be advertised.
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Those codes
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages
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
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010/13/EU Article 9 – paragraph 2 a (new) (aa) the following paragraph 1a is inserted: (2a) Calls for prohibition of the distribution by audiovisual service providers of information the disclosure of which is liable to cause financial damage to, or damage the image of, any legal person governed by public or private law, or of information whose disclosure would be liable to panic, misinform or manipulate consumers, prior to the official announcement of the outcome of an enquiry by the competent authorities, as there is a possibility that such information could prove to be false and have an adverse financial impact on the internal market and/or economic agents. Exemptions shall apply to cases where a public withdrawal is necessary and is officially announced by the competent authorities or made spontaneously by an economic agent, as well as cases in which consumers’ attention is drawn publically to potential risks. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 3. Commercial communications for alcoholic beverages and gambling activities shall be kept to a minimum. Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct
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-regulat
Amendment 204 #
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
Amendment 205 #
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 conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes, based on best practices in Member States, should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages.
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 11 a (new) Directive 2010/13/EU Article 9 a (new) (11a) The following Article is inserted: ‘Article 9a Member States remain free to take appropriate and non-discriminatory measures ensuring the appropriate prominence of audiovisual media services of general interest. Such measures shall be proportionate and meet general objectives such as media pluralism, freedom of speech, and cultural diversity clearly defined by Member States in accordance with Union law. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.’
Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 11 a (new) Directive 2010/13/EU Article 9 a (new) (11a) The following article is inserted: ‘Article 9a Member States shall ensure that media service providers‘ programmes and services may not be modified, for example through commercial overlays, without their consent.’
Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 11 b (new) Directive 2010/13/EU Article 9 b (new) (11b) The following Article is inserted: ‘Article 9b Member States shall ensure that third parties other than the recipient of a service do not modify the programmes and services of providers concerned without their explicit consent.’
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/13/EU Article 10 – point b 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
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 2. Product placement shall be admissible in all audiovisual media
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
Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 2 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.;
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.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point b a (new) (ba) unhealthy food and beverages.
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 1 – subparagraph 1 Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, mental or moral development of minors, such as advertising for alcoholic beverages or gambling, are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
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.;
Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure
Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that
Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States sh
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 a (new) 1a. Member States shall ensure that providers of on-demand audiovisual media services foreground European works in their catalogues. That foregrounding could take the form of a section accessible straight from the home page which is devoted to European works or of a minimum number or percentage of European works available on the home page, or of 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 target audiences on their territory but which are established in another Member State to implement the measures to foreground European audiovisual works laid down in the targeted Member State.
Amendment 233 #
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 under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds.
Amendment 234 #
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 under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds.
Amendment 235 #
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 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 provided such national funds are available to support production activities of all contributors. 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 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.
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/12/EU Article 13 – paragraph 4a (new) 4a. The Commission shall ensure adequate and geographically-diversified funding under the Creative Europe Media programme 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 238 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU 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 in regards to the targeted market or if they are small and micro enterprises. Member States may 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 and would not disproportionally compete with equivalent European works.;
Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 5 5. Member States
Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU 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
Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 14 – paragraph 1 (15a) Article 14, paragraph 1 is amended as follows: ‘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.’
Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 243 #
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
Amendment 244 #
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
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
Amendment 246 #
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
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 16 a (new) Directive 2010/13/EU Article 22 (16a) Article 22 is amended as follows: ‘Television advertising and teleshopping for alcoholic and high caffeine content beverages shall comply with the following criteria: (a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages; (b) it shall not link the consumption of alcohol or high caffeine content to enhanced physical performance or to driving; (c) it shall not create the impression that the consumption of alcohol or high caffeine content contributes towards social or sexual success; (d) it shall not claim that alcohol or high caffeine content has therapeutic qualities or that it is a
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The d
Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
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
Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 254 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 (1) The
Amendment 255 #
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
Amendment 256 #
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 23:00 shall not exceed 20 %. In addition, the proportion of television advertising spots and teleshopping spots within the period between 20:00 and 23:00 shall not exceed 20 %.
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.
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".
Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point a (a) announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes
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.;
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c a (new) (ca) neutral frames used to distinguish between editorial content and commercial communications, and between commercial communications; public services announcements and charity appeals;
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c a (new) (ca) neutral frames used to separate programmes and advertising spots;
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c a (new) (ca) public service announcements or charity appeals
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 – introductory part 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC,
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;
Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 269 #
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
Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 – point b (b)
Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 – point b (b)
Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b (b) protect all citizens from content and commercial audiovisual communications undermining human dignity and containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to
Amendment 273 #
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,
Amendment 274 #
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 the commission of terrorist acts or incitement to violence or hatred
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.
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU 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, disability, colour, religion, descent or national or ethnic origin.
Amendment 277 #
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, disability, race, colour, religion, descent or national or ethnic origin.
Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 – point b a (new) (ba) adopt measures to limit exposure of children to advertising of unhealthy foods and beverages in video sharing platforms
Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b a (new) (ba) ensure appropriate user access to platforms in a range of modes and facilitate the interoperability of different technologies at European and international level.
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU 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 281 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 – point b b (new) (bb) make their platform accessible in a consistent and adequate way for users ´perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. While the user-generated content is exempted from this requirement, the video-sharing platform providers shall facilitate the necessary authoring tools for users to create and share accessible content.
Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b b (new) (bb) protect all citizens from content which could impair their physical, mental or moral development;
Amendment 283 #
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
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.
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 Those measures
Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 Those measures
Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point a Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point a (a)
Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point a (a) defining and applying in the terms and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred
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;
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a - paragraph 2 - point b (b) establishing and operating 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 and 2 stored on its platform
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.
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point c Amendment 295 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point c (c) establishing and operating age verification systems for users of video- sharing platforms with respect to known content which may impair the physical, mental or moral development of minors;
Amendment 296 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point c a (new) Amendment 297 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point d Amendment 298 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – point f Amendment 299 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – point f a (new) (fa) the streamlined processing of referrals from public authorities or approved associations,
Amendment 300 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – point f b (new) (fb) earmarking sufficient human resources to ensure that such referrals can be processed effectively,
Amendment 301 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – point f c (new) (fc) the removal of the content referred to in paragraph 1 through the use of reliable automatic recognition systems,
Amendment 302 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – point f d (new) (fd) the closure of accounts which have been the subject of repeated referrals,
Amendment 303 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – point f e (new) (fe) the possibility of asking the regulator to settle any dispute between the video-sharing platform and the author of the referral.
Amendment 304 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 a (new) 2a. Removal of harmful content referred to in point a) and b) of paragraph 1 often relies upon subjective interpretation and arbitration of platform providers. Therefore, Member states shall provide the necessary guidelines to ensure that measures taken respect the freedom of expression and information of users ;
Amendment 305 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 a (new) 3a. Member States may impose penalties on video-sharing platforms which do not meet these requirements.
Amendment 306 #
Proposal for a directive Article 1 – paragraph 1 – point 19 4. Member states, in cooperation with the Commission and ERGA, shall regularly issue guidelines on the terms and conditions applicable to the removal of content referred to in point a) and b) of paragraph 1, in accordance with national and Union law and the Charter of Fundamental rights. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video-
Amendment 307 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a– paragraph 4 4. Member States shall establish the necessary mechanisms to assess transparency, necessity, proportionality and the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video-
Amendment 308 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a– paragraph 4 4. Member States shall establish the necessary mechanisms to assess the transparency, necessity, proportionality and appropriateness of the measures referred to in paragraphs 2 and 3 taken by video-
Amendment 309 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a– 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.
Amendment 310 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5.
Amendment 311 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 5 5. Member States shall not
Amendment 312 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 5 5.
Amendment 313 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – 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.
Amendment 314 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – 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.
Amendment 315 #
Proposal for a directive Article 1 – paragraph 1 – point 19 6. Member States shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes, including counter- notice procedure, between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
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.
Amendment 317 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 6 6. Member States shall ensure that effective complaint and redress mechanisms are 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.
Amendment 318 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 7 7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union.
Amendment 319 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 7 7. The Commission and ERGA shall encourage video-sharing platform
Amendment 320 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 8 Amendment 321 #
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
Amendment 322 #
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, in accordance with the guidelines provided in paragraph 4. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission
Amendment 323 #
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 voluntary Union codes of conduct and amendments to existing voluntary 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 may give appropriate publicity to those codes of conduct.
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
Amendment 325 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU 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
Amendment 326 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Amendment 327 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28b – paragraph 1 – subparagraph 2 For the purposes of applying the second subparagraph, where there are several subsidiaries each of which are established in different Member States, or where there are several other entities of the group each of which are established in different Member States,
Amendment 328 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 2 2. Member States shall communicate to the Commission a list of the video- sharing platform providers established or deemed to be established on their territory and the criteria, set out in Article 3(1)
Amendment 329 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28b – paragraph 2 a (new) 2a. Where, in applying paragraph 1, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request ERGA to provide an opinion on the matter within 15 working days from the submission of the Commission's request.
Amendment 330 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 4. Member States shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively.
Amendment 331 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 a (new) 4a. Member States shall ensure that national regulatory bodies and authorities designate a single and publicly available point-of-contact for information and complaints about the accessibility issues referred to in article 7
Amendment 332 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 7 a (new) 7a. With a view to guaranteeing the independence of the national regulatory authorities, it is necessary to widen the powers of the European Regulators Group for Audiovisual Media Services (ERGA).
Amendment 333 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30a – paragraph 3 – point d (d)
Amendment 334 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30a – paragraph 3 – point e Amendment 335 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 a (new) (3a) to provide guidelines for the implementation of Article 13, especially as regards the implementation of catalogue requirements, financial contributions and derogations; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 52 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and
Amendment 53 #
Proposal for a directive Recital 1 (1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing
Amendment 54 #
Proposal for a directive Recital 1 a (new) (1a) In May 2016, the European Audiovisual Observatory published a report on the transfer of European films to video-on-demand platforms and cinemas in the European Union, which stressed the significant difference that exists between EU films and US films in this respect and noted that EU films circulate better on video-on-demand services than do films of other origins.
Amendment 55 #
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
Amendment 56 #
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
Amendment 57 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable only to those services the
Amendment 58 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable only to those services which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting, instead, for example, providing and distributing the audiovisual content of private users for sharing in communities of interest should not be included. A service should be considered to be merely
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.
Amendment 60 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions, in conjunction with national regulatory authorities, on jurisdiction upon the Commission's request.
Amendment 61 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators
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.
Amendment 63 #
Proposal for a directive Recital 9 (9) In order to empower viewers, including parents and minors, in making
Amendment 64 #
Proposal for a directive Recital 10 (10)
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 e
Amendment 66 #
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
Amendment 67 #
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, such as the ones developed in the framework of the Commission's Platform for Action on Diet, Physical Activity and Health, are used to effectively reduce 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.
Amendment 68 #
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
Amendment 69 #
Proposal for a directive Recital 11 (11) Similarly, Member States
Amendment 70 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that
Amendment 71 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that self- and co- regulat
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.
Amendment 73 #
Proposal for a directive Recital 12 (12) In order to
Amendment 74 #
Proposal for a directive Recital 13 Amendment 75 #
Proposal for a directive Recital 13 (13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship, while at the same time providing sufficient protection for the consumer. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 76 #
Proposal for a directive Recital 13 a (new) (13a) In order to ensure the effectiveness of this Directive in particular with respect to the editorial responsibility of media services providers, the integrity of programmes and services should be safeguarded. Third parties other than the recipient of the service should not modify programmes and services without the consent of the media service provider concerned. Changes in the display of programmes and services that have been authorised or initiated by the recipient are permitted.
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 encourag
Amendment 78 #
Proposal for a directive Recital 15 a (new) (15a) In order to protect the editorial responsibility of the media service provider and the audiovisual value chain, it is essential for the integrity of the programmes and services supplied by media service providers to be guaranteed. Programmes and services must be transmitted without being shortened, altered or interrupted. Programmes and services should not be modified without the consent of the media service provider.
Amendment 79 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes
Amendment 80 #
Proposal for a directive Recital 16 (16) Product placement
Amendment 81 #
Proposal for a directive Recital 17 (17)
Amendment 82 #
Proposal for a directive Recital 18 (18)
Amendment 83 #
Proposal for a directive Recital 19 Amendment 84 #
Proposal for a directive Recital 19 Amendment 85 #
Proposal for a directive Recital 19 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
Amendment 87 #
Proposal for a directive Recital 19 (19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced. In order nevertheless to guarantee an adequate level of consumer protection and protect viewers against an excessive amount of advertising during prime time, a limit of 20% of advertising time should additionally apply between 20:00 and 23:00.
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.
Amendment 89 #
Proposal for a directive Recital 20 Amendment 90 #
Proposal for a directive Recital 21 Amendment 91 #
Proposal for a directive Recital 21 (21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain
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
Amendment 93 #
Proposal for a directive Recital 21 (21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence. The quality of the European works acquired should be equivalent to the rest of the catalogue, in order to guarantee a fair representation of the European production, cultural diversity and know-how. The prominence obligation shall allow users of the service to easily discover and find European works through, for example, a dedicated presence on the homepage, targeted recommendations or dedicated categories.
Amendment 94 #
Proposal for a directive Recital 21 (21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence. There is a need in this respect to set criteria centring on the quality of European works distributed under the majority share system, in such a way that consumers are able to access or view them as part of a significant audience.
Amendment 95 #
Proposal for a directive Recital 21 a (new) Amendment 96 #
Proposal for a directive Recital 22 (22) In order to ensure adequate levels of investment on European works, Member States
Amendment 97 #
Proposal for a directive Recital 22 (22) In order to ensure adequate levels of investment on European works, Member States should be able to impose financial obligations to on-demand service providers established on their territory. Those obligations can take the form of direct contributions to the production of and acquisition of rights in European works.
Amendment 98 #
Proposal for a directive Recital 24 Amendment 99 #
Proposal for a directive 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
source: 592.243
2016/10/27
CULT
950 amendments...
Amendment 100 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and
Amendment 1000 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 5 Amendment 1001 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 - paragraph 5 5. The Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority, may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance
Amendment 1002 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 5 5. The Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority, may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law and on the basis of a justified prior notification. A dismissal decision shall be made public and a statement of reasons shall be made available.
Amendment 1003 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 5 5. The Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority, may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law. A duly justified dismissal decision shall be made public and a statement of reasons shall be made available to the public.
Amendment 1004 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 5 5. The
Amendment 1005 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 - paragraph 6 6. Member States shall ensure that independent national regulatory authorities have separate annual budgets. The budgets shall be made public.
Amendment 1006 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 6 6. Member States shall ensure that independent national regulatory authorities have separate annual budgets. The budgets shall be made public in an easily accessible and transparent manner. Member States shall also ensure that independent national regulatory authorities have adequate financial and human resources to enable them to
Amendment 1007 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 6 6. Member States shall ensure that independent national regulatory authorities have separate annual budgets. The budgets shall be made public. Member States shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute
Amendment 1008 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 6 a (new) ‘6a. Member States shall ensure that the national regulatory authority is functional at all times. When the mandate of the head of a national regulatory authority or a member of the collegiate body fulfilling that function terminates, the post shall be filled immediately or, failing that, the mandate shall be extended until a successor has been formally appointed.’
Amendment 1009 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 7 – subparagraph 1 Member States shall ensure that effective mechanisms exist at national level under which any user whose personal rights are directly affected by the audiovisual media content or media services provider or video-sharing platform provider who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body. The appeal body shall be independent of the parties involved in the appeal.
Amendment 101 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62 and 167 (2) thereof,
Amendment 1010 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Member States shall ensure that effective, swift and affordable appeal mechanisms exist at national level
Amendment 1011 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 7 – subparagraph 1 Member States shall ensure that effective mechanisms exist at national level under which any user or audiovisual media services provider
Amendment 1012 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Amendment 1013 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 7 – subparagraph 3 Amendment 1014 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a (new) Amendment 1015 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 2 2. It shall be composed of national independent regulatory authorities in the field of audiovisual media services, including sub-state independent regulatory authorities that are fully competent for audiovisual media services. They shall be represented by the heads or by nominated high level representatives of the national regulatory authority with primary responsibility for overseeing audiovisual media services, or in cases where there is no national regulatory authority, by other representatives as chosen through their procedures. A Commission representative shall participate in the group meetings.
Amendment 1016 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a - paragraph 2 2. It shall be composed of national independent regulatory authorities in the field of audiovisual media services, which may include those regional independent regulatory bodies and authorities with full competencies in the field of audiovisual media services. They shall be represented by the heads or by nominated high level representatives of the national regulatory authority with primary responsibility for overseeing audiovisual media services, or in cases where there is no national regulatory authority, by other representatives as chosen through their procedures. A Commission representative shall participate in the group meetings.
Amendment 1017 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 2 2. It shall be composed of
Amendment 1018 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point a (a) to advise and assist the Member States and the Commission in its work to ensure a consistent implementation in all Member States of the regulatory framework for audiovisual media services;
Amendment 1019 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a - paragraph 3 - point a (a) to advise and assist the Commission
Amendment 102 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 1020 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point – -a (new) (-a) to provide strategic inputs to the Commission for its audiovisual media policy, including all stages of the policy cycle;
Amendment 1021 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point b (b) to advise and assist the Commission as to any matter related to audiovisual media services within the Commission's competence.
Amendment 1022 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a - paragraph 3 - point b (b) to advise and assist the Commission as to any matter related to audiovisual media services within the Commission's competence, including any threats to media pluralism and the independence of national regulatory authorities. If justified in order to advise the Commission on certain issues, the group may consult the contact committee, market participants, consumers and end-users in order to collect the necessary information;
Amendment 1023 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a - paragraph 3 - point b (b) to advise and assist the Commission as to
Amendment 1024 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point b (b) to advise and assist the Member States and the Commission as to any matter related to audiovisual media services within the Commission's competence. If justified in order to advise the Commission on certain issues, the group may consult market participants, consumers and end-users in order to collect the necessary information;
Amendment 1025 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point d (d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, and 4 and 7 thereof;
Amendment 1026 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a - paragraph 3 - point d (d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, 4 and
Amendment 1027 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point d (d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, 4 and
Amendment 1028 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point e (e) to give opinions, when requested by the Commission, on the issues envisaged in Articles 2(5b), 6a(3), 9(2), 9(4), 13(4) and on any matter relating to audiovisual media services, in particular on the protection of minors and incitement to hatred.";
Amendment 1029 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point e (e) to give opinions, when requested by the Member States or the Commission, on the issues envisaged in Articles 2(5b), 6a(3), 9(2), 9(4) and on any matter relating to audiovisual media services, in particular on the protection of minors and incitement to hatred.";
Amendment 103 #
Proposal for a directive Recital 1 (1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services and video-sharing platforms, are now well-established.
Amendment 1030 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 3 – point e a (new) (ea) where necessary, to provide guidelines to its members for the application of any content of this Directive.
Amendment 1031 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 4 4. The Commission shall be empowered to adopt, by means of an implementing act, the rules of procedure for ERGA, according to the principles referred to in Article 30 (2), and in paragraph 2, second subparagraph, and covering the tasks referred to in paragraph 3. ERGA shall adopt a code of conduct for its high-level representatives.;
Amendment 1032 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 4 a (new) 4a. ERGA shall prepare an annual report of its activities, and shall submit it to the European Parliament and to the Commission.
Amendment 1033 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30 a – paragraph 4 b (new) 4b. The proceedings of ERGA activities, including agendas and minutes of high-level meetings, and its annual report, shall be made available to the public in an easily accessible and transparent manner, with the exception of duly justified requests of its members for confidential handling of sensitive information.
Amendment 1034 #
Proposal for a directive Article 1 – paragraph 1 – point 22 a (new) Directive 2010/13/EU Article 31 (22a) Article 31 is replaced by the following: ‘Article 31 In fields which this Directive does not coordinate, it shall not affect the rights and obligations of Member States resulting from existing conventions dealing with telecommunications or broadcasting.
Amendment 1035 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 Amendment 1036 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 1 The Commission shall monitor Member States' application of the Directive, including its application of co-regulation and self-regulation through
Amendment 1037 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 1 The Member States shall inform the Commission
Amendment 1038 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than four years after adoption] at the latest, 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 Directive.
Amendment 1039 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than four years after adoption] at the latest, 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 Directive and, if necessary, make further proposals to adapt it to the developments in the field of audiovisual media services, in particular in the light of technological developments, the evolution of consumer practices, the competitiveness of the sector and the level of media literacy in all Member States. The report shall also assess the issue of advertising practices, in particular when targeting children, the effective promotion of European works, and the effectiveness of the self and co regulation practices in all Member States.
Amendment 104 #
Proposal for a directive Recital 1 (1) The last substantive amendment to Directive 89/552/EEC of the Council27, later codified by Directive 2010/13/EU of the European Parliament and of the Council28, was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29. Since then, the market of audiovisual media services has evolved significantly
Amendment 1040 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than four years after adoption] at the latest, 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 Directive and, if necessary, make further proposals to adapt it to the developments in the field of audiovisual media services, in particular in the light of recent technological developments, the competitiveness of the sector as well as a report on practices, policies and accompanying measures supported by Member States in the field of media literacy.
Amendment 1041 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than four years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the
Amendment 1042 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than four years after adoption] at the latest, 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 Directive in all Member States, as well as a report on practices, policies and actions supported by Member States in the field of media literacy.
Amendment 1043 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 1 By [date – no later than
Amendment 1044 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date – no later than
Amendment 105 #
Proposal for a directive Recital 1 (1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services, social media and video- sharing platforms, are now well- established. __________________ 27 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
Amendment 106 #
Proposal for a directive Recital 3 Amendment 107 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable only to
Amendment 108 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable only to those services which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting and instead, for example, provide and distribute the audiovisual content of private users for sharing in communities of interest, should not be included. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video-
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.
Amendment 110 #
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 objectively 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 objectively dissociable from their main activity. Such objectivity could be achieved combining two perspectives: the perception by viewers and the intention of providers. 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.
Amendment 111 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable
Amendment 112 #
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
Amendment 113 #
Proposal for a directive Recital 3 a (new) (3a) On-demand audiovisual media services compete for the same audience as television broadcasts. The nature and means of access to those on-demand audiovisual media services would therefore lead the user reasonably to expect regulatory protection within the scope of Directive 2010/13/EU. In light of this fact, and in order to prevent disparities with regard to free movement and competition, the concept of "programme" should be interpreted in a dynamic way, taking into account developments in the provision of the content of audiovisual media services that are directed at a significant audience and considered mass media.
Amendment 114 #
Proposal for a directive Recital 3 a (new) Amendment 115 #
Proposal for a directive Recital 4 (4) In order to ensure the effective implementation of this Directive, it is crucial for Member States to keep up-to- date, transparent records of the audiovisual media service providers and video-sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities and the Commission. Those records should include information about the criteria on which jurisdiction is based.
Amendment 116 #
Proposal for a directive Recital 4 (4) In order to ensure the effective implementation of this Directive, it is crucial for Member States to keep up-to- date records of the audiovisual media service providers and video-sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities
Amendment 117 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts.
Amendment 118 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide non-binding opinions on jurisdiction upon the Commission's request as it is composed of national independent regulatory authorities in the field of audiovisual media services.
Amendment 119 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that
Amendment 120 #
Proposal for a directive Recital 5 (5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of
Amendment 121 #
Proposal for a directive Recital 6 a (new) (6a) In the fields coordinated by this Directive, there are innovative areas where, on the one hand, an immediate regulatory effort could be too costly or risky at the present stage, and on the other hand, customer protection, stimulating investment or the other general goals of this Directive could benefit from the existence of some sort of rules. In such cases, Member States could authorise the industrial players in the field, as well as other stakeholders, to develop such rules under agreements for co-regulation or self-regulation. Member States could seek the assistance of standardisation bodies on this matter as such assistance could be valuable due to their expertise in the field. Open mandates for co-regulation and self-regulation should define with all necessary detail the framework within which these activities should be developed in each specific case. It is important that the regulatory authorities do not consider co-regulation and self-regulation as an area outside of their responsibilities, but provide criteria and monitor on such initiatives, since they will likely evolve, should they prove successful, in parallel with technological evolution in the field. Co-regulation or self-regulation frequently gives rise in the not too distant future, to proper regulation.
Amendment 122 #
Proposal for a directive Recital 7 (7) In its Communication to the European Parliament and to the Council on Better Regulation for Better Results – an EU Agenda31 , the Commission stressed that when considering policy solutions, it will consider both regulatory and well- designed non-regulatory means
Amendment 123 #
Proposal for a directive Recital 7 (7) In its Communication to the European Parliament and to the Council on Better Regulation for Better Results – an EU Agenda31 , the Commission stressed that when considering policy solutions, it will consider both regulatory and well- designed non-regulatory means, modelled on the Community of practice and the Principles for Better Self- and Co- regulation32 .
Amendment 124 #
Proposal for a directive Recital 7 (7) In its Communication to the European Parliament and to the Council on Better Regulation for Better Results – an EU Agenda31, the Commission stressed that when considering policy solutions, it will consider both regulatory and well- designed non-regulatory means, modelled on the Community of practice and the Principles for Better Self- and Co- regulation32. A number of codes set up in the areas coordinated by the Directive have proved to be well designed, in line with the Principles for Better Self- and Co- regulation which may constitute a useful additional or complementary means for legislative action. The existence of a legislative backstop has been considered an important success factor in promoting compliance with a self- or co-regulatory code. It is equally important that the codes establish specific targets and objectives allowing for the regular, transparent and independent monitoring and evaluation of the objectives aimed by the codes. Graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme. These principles should be followed by the self- and co- regulatory codes adopted in the areas coordinated by this Directive. __________________ 31 COM(2015) 215 final. COM(2015) 215 final. 32 https://ec.europa.eu/digital-single- market/communities/better-self-and-co- regulation
Amendment 125 #
Proposal for a directive Recital 8 Amendment 126 #
Proposal for a directive Recital 8 (8) In order to ensure coherence and give legal certainty to businesses and Member States' authorities,
Amendment 127 #
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, 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. Provisions concerning hate speech should be applied in line with the jurisprudence of the European Court of Human Rights concerning the right to freedom of expression and information.
Amendment 128 #
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, 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 in accordance with the grounds contained in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 129 #
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
Amendment 130 #
Proposal for a directive Recital 8 (8) In order to ensure coherence and
Amendment 131 #
Proposal for a directive Recital 8 a (new) (8a) Media pluralism requires citizens to access information, evaluate media contexts, and use, evaluate and create media content responsibly. Media literacy skills should be promoted so that citizens develop awareness, critical thinking and an open mindset as well as the ability to counter hate speech, extremist messages, propaganda and disinformation. Media literacy skills should also be promoted so that citizens understand the nature of content and services taking advantage of the full range of opportunities offered by communications technologies and so that they are safeguarded from harmful or offensive material.
Amendment 132 #
Proposal for a directive Recital 8 a (new) (8a) In order to enable citizens to access information, evaluate media contexts, use, critically assess and create media content responsibly, citizens need to possess advanced media literacy skills. It is therefore necessary that the development of media literacy in all sections of society, for citizens of all ages, and for all media, is promoted and its progress is followed closely.
Amendment 133 #
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. It is advisable to differentiate between children and adolescents, taking into account the current evolution of European societies. 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.
Amendment 134 #
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 whether the specific content may be of harm to minors.
Amendment 135 #
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 the content to be watched, in particular 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.
Amendment 136 #
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 Member States with 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
Amendment 137 #
Proposal for a directive Recital 9 (9) In order to empower viewers, in
Amendment 138 #
Proposal for a directive Recital 9 (9) In order to empower viewers, in
Amendment 139 #
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
Amendment 140 #
Proposal for a directive Recital 9 (9) In order to empower viewers, including parents and minors, in making
Amendment 141 #
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
Amendment 142 #
Proposal for a directive Recital 9 a (new) (9a) The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life of the Union is linked to the provision of accessible audiovisual media services. Therefore Member States should take appropriate and proportionate measures to ensure that media service providers under their jurisdiction actively seek to make content accessible to those with visual or hearing disability by 2027. The accessibility requirements should be met through a progressive and continuous process, while taking into account the practical and unavoidable constraints that could prevent a complete accessibility, such as programmes or events broadcasted in real time. Appropriate accessibility measures could be developed through self-regulation and co-regulation
Amendment 143 #
Proposal for a directive Recital 9 a (new) (9a) It is important that regulatory actions limit the possibility for a person affected by any kind of vulnerability, such as, inter alia, a social, economic, psychological or health-related vulnerability, to be exposed to ideas or values that reinforce his or her perception of vulnerability. It is equally important to avoid persuasive actions that present the consumption of a product or service as a clear, straightforward remedy for that vulnerability. Because we are all vulnerable in one or more dimensions, and we will be more or differently vulnerable in other periods of life, this principle provides an important basis for public policy in this field.
Amendment 144 #
Proposal for a directive Recital 9 a (new) (9a) Recommendation No 2006/952/EC recommends, as a positive measure in favour of minors, establishing common standards through cooperation between the regulatory, self-regulatory and co- regulatory bodies of the Member States, and through the exchange of best practices concerning such issues as a system of common descriptive symbols (pictograms) or warning messages indicating the age category and/or aspects of the content (so-called ‘descriptors’).
Amendment 145 #
Proposal for a directive Recital 9 a (new) (9a) Media literacy enables citizens to use and create media content effectively and safely. Media literate people are able to exercise more informed choices, understand the nature of content and services and take advantage of the full range of opportunities offered by communication technologies. Therefore, the development of media literacy in all sections of society, for citizens of all ages, and for all media, should be promoted and its progress followed closely.
Amendment 146 #
Proposal for a directive Recital 9 a (new) (9a) Commercial communication for foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, saturated fat, trans-fatty acids, salt or sodium and sugars shall be prohibited between 06:00 and 23:00. To identify such foods, the WHO Regional Office for Europe's nutrient profile model applies.
Amendment 147 #
Proposal for a directive Recital 9 b (new) (9b) Digital education and literacy should not be limited to learning about tools and technologies, but should aim at equipping individuals with the critical thinking skills and digital curiosity necessary to exercise judgement, analyse complex realities, recognise the difference between opinions and facts, and resist all forms of indoctrination and hate speech, becoming therefore not only users of technologies, but responsible and active citizens in connected societies
Amendment 148 #
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 e
Amendment 149 #
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
Amendment 150 #
Proposal for a directive Recital 11 (11)
Amendment 151 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that self-and co- regulatory codes of conduct are used to effectively
Amendment 152 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that self-regulation and co-
Amendment 153 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that self-and co- regulatory codes of conduct are used to effectively limit the exposure of children and minors to appropriate audiovisual commercial communications for alcoholic beverages. Certain co-regulatory or self- regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual
Amendment 154 #
Proposal for a directive Recital 11 (11) Similarly, Member States should
Amendment 155 #
Proposal for a directive Recital 11 (11) Similarly, Member States should
Amendment 156 #
Proposal for a directive Recital 11 a (new) (11a) Given the potential harm caused by alcohol on all individuals and on society as a whole, Member States should be encouraged to limit the exposure of products containing alcohol. The rules applicable to tobacco products, which prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 157 #
Proposal for a directive Recital 12 (12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of self- and co-regulatory measures aiming, in particular, at protecting consumers or public health.
Amendment 158 #
Proposal for a directive Recital 12 (12) I
Amendment 159 #
Proposal for a directive Recital 12 (12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of self- and co-regulatory measures, in line with a clear regulatory framework, aiming
Amendment 160 #
Proposal for a directive Recital 12 (12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of
Amendment 161 #
Proposal for a directive Recital 12 a (new) (12a) In a society where the use of the world wide web has become normal, highly accessible and practically continuous, the intensive insertion of commercial communication in general audiovisual programmes should be assessed under a new perspective. Currently, the public can easily obtain detailed comparative information about practically any category of products. It is thus clear that it cannot be argued anymore that commercial communication "intends to inform the public". Contrary to that, it aims to shape the worldview of the spectator, who is only considered as a mere consumer. It aims to create a need, to present the advertised product or service with an irresistible aura of desirability, and to induce consumption. It can thus be argued that current commercial information is substantially more persuasive than informative.
Amendment 162 #
Proposal for a directive Recital 12 a (new) (12a) Whilst potentially a beneficial tool in the interpretation and implementation of Directive 2010/13/EU, it is important that Union codes of conduct comply fully with the principles of subsidiarity and proportionality. Further public information, clarification and consultation on the functioning of Union codes of conduct is necessary before the Commission considers facilitating the development of such codes of conduct.
Amendment 163 #
Proposal for a directive Recital 12 a (new) (12a) Ensuring the accessibility of audiovisual content to people with visual or hearing impairments is an essential requirement in the context of the implementation of the UN Convention on the rights of persons with disabilities.
Amendment 164 #
Proposal for a directive Recital 12 b (new) Amendment 165 #
Proposal for a directive Recital 12 c (new) (12c) In many categories of products and services, the actual differences between competitors are extremely narrow and in order to win a customer or make a sale possible, it is necessary to create the psychological perception of a difference. In such a terrain, it is clear that commercial communication exclusively based on information would not be effective. In order to sell that perceptive difference, commercial communication is required to deliver a growing proportion of non-informative contents.
Amendment 166 #
Proposal for a directive Recital 12 d (new) (12d) Commercial communication has a growing cost for society. First, a direct cost, since its growing impact on the cost structure of the producer must be borne by the retailer and in the end by the final customer, who might pay less for the same product, production & distribution costs, margins and taxes being equal, if the advertising costs would diminish. Moreover, when presented in audiovisual media it imposes a severe consumption of time on the spectator, which can be economically assessed, and which takes place regardless of his or her decision to purchase or not. Second, it has a series of indirect costs, deriving on the one hand from the consumption habits instilled on the public and on the other hand from the increased use of resources and generation of waste which derives from accelerated consumption.
Amendment 167 #
Proposal for a directive Recital 12 e (new) (12e) In a world where whoever who is interested in a product or service can take personal initiative in order to obtain exhaustive information about that product or service, a new policy aim should be established whereby nobody should be forced to see, or to avoid, a commercial communication which he or she does not want to see. As a consequence, linear programming of audiovisual services should guarantee the existence of a substantial amount of spaces free of commercial communication. In non- linear programming, the right to opt-out should be guaranteed for any viewer.
Amendment 168 #
Proposal for a directive Recital 13 Amendment 169 #
Proposal for a directive Recital 13 Amendment 170 #
Proposal for a directive Recital 13 Amendment 171 #
Proposal for a directive Recital 13 (13) The market for TV broadcasting has evolved
Amendment 172 #
Proposal for a directive Recital 13 (13) The market for TV broadcasting has evolved and that there is a need for more
Amendment 173 #
Proposal for a directive Recital 13 (13) The market for TV broadcasting has evolved and
Amendment 174 #
Proposal for a directive Recital 13 (13) The market for
Amendment 175 #
Proposal for a directive Recital 13 a (new) (13a) In order to ensure the effectiveness of this Directive, in particular as regards the editorial responsibility of media service providers, the integrity of programmes and services should be safeguarded. Third parties, other than recipients of a service, cannot enjoy the private copy copyright exception, should not modify programmes and services without the consent of the media service provider concerned.
Amendment 176 #
Proposal for a directive Recital 13 a (new) (13a) In order to ensure the effectiveness of this Directive, in particular as regards the editorial responsibility of media service providers, the integrity of programmes and services should be safeguarded. Others, who are not recipients of a service, should not modify programmes and services without the consent of the media service provider concerned.
Amendment 177 #
Proposal for a directive Recital 13 a (new) (13a) Independent audience measurement for audiovisual media services, including commercial communications, is needed to ensure adequate and transparent information to audiovisual media service providers and national regulatory authorities.
Amendment 178 #
Proposal for a directive Recital 14 (14)
Amendment 179 #
Proposal for a directive Recital 14 (14) Sponsorship represents a
Amendment 180 #
Proposal for a directive Recital 14 (14) Sponsorship represents an important means of financing audiovisual
Amendment 181 #
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
Amendment 182 #
Proposal for a directive Recital 15 Amendment 183 #
Proposal for a directive Recital 15 Amendment 184 #
Proposal for a directive Recital 15 (15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In particular, the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers. Product placement should thus be allowed in all audiovisual media services, subject to exceptions, as it can create additional income for audiovisual media service providers. .
Amendment 185 #
Proposal for a directive Recital 15 (15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In
Amendment 186 #
Proposal for a directive Recital 15 (15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In particular, the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers. Product placement should thus be allowed in all audiovisual media services and video-sharing platforms, subject to exceptions.
Amendment 187 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and children programmes
Amendment 188 #
Proposal for a directive Recital 16 (16)
Amendment 189 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, television coverage of national or non-national events of major importance for society, consumer affairs programmes, religious programmes and programmes with a significant children
Amendment 190 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and
Amendment 191 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes, w
Amendment 192 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and
Amendment 193 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes
Amendment 194 #
Proposal for a directive Recital 17 Amendment 195 #
Proposal for a directive Recital 17 (17)
Amendment 196 #
Proposal for a directive Recital 17 (17) The rule that a product should not be given undue prominence has proved difficult to apply in practice.
Amendment 197 #
Proposal for a directive Recital 17 (17)
Amendment 198 #
Proposal for a directive Recital 18 (18)
Amendment 199 #
Proposal for a directive Recital 18 (18)
Amendment 200 #
Proposal for a directive Recital 18 a (new) (18a) Isolated advertising and teleshopping spots significantly disrupt television viewing, disproportionally affect the integrity of programmes and raise legitimate concerns with regard to their impact on consumers, particularly children, as they give undue prominence to a particular product or service. This Directive should therefore not allow isolated advertising and teleshopping spots, without any exception.
Amendment 201 #
Proposal for a directive Recital 18 a (new) Amendment 202 #
Proposal for a directive Recital 18 a (new) (18a) A broadcaster with a headquarters in one Member State, but that broadcasts content in a second Member State, and sells separate advertising targeting audiences in the second Member State, should be subject to the same statutory obligations regarding content and advertising as would a broadcaster headquartered and operating in the second Member State.
Amendment 203 #
Proposal for a directive Recital 18 b (new) (18b) Individual and household debt in the Member States has reached alarmingly high levels, and this situation must not be allowed to escalate further through the practice of highlighting the advantages of quick loans using audiovisual commercial programmes without providing clear guidance on the possible negative financial consequences of using such loans.
Amendment 204 #
Proposal for a directive Recital 18 b (new) (18b) Broadcasters should promote the production and distribution of national and European works by ensuring that their catalogues contain a minimum share of national and European works and that those are given enough prominence.
Amendment 205 #
Proposal for a directive Recital 18 c (new) (18c) Broadcasters should promote linguistic diversity and promote the production of linguistically diverse works.
Amendment 206 #
Proposal for a directive Recital 19 Amendment 207 #
Proposal for a directive Recital 19 Amendment 208 #
Proposal for a directive Recital 19 Amendment 209 #
Proposal for a directive Recital 19 Amendment 210 #
Proposal for a directive Recital 19 Amendment 211 #
Proposal for a directive Recital 19 Amendment 212 #
Proposal for a directive Recital 19 Amendment 213 #
Proposal for a directive Recital 19 Amendment 214 #
Proposal for a directive Recital 19 (19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 2
Amendment 215 #
Proposal for a directive Recital 19 (19)
Amendment 216 #
Proposal for a directive Recital 19 (19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished between 7:00 and 20:00, while a daily limit of 20% of advertising within the period from 7:00 to 2
Amendment 217 #
Proposal for a directive Recital 19 (19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced. Nevertheless it is necessary to provide for stricter rules for advertising during prime time. The scope of prime time should respect the existing differences between Member States.
Amendment 218 #
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.
Amendment 219 #
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,
Amendment 220 #
Proposal for a directive Recital 19 (19)
Amendment 221 #
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 |