Next event: Final act published in Official Journal 2018/11/28 more...
- Commission response to text adopted in plenary 2018/11/21
- Draft final act 2018/11/14
- Final act signed 2018/11/14
- End of procedure in Parliament 2018/11/14
- Act adopted by Council after Parliament's 1st reading 2018/11/06
- Council Meeting 2018/11/06
- Decision by Parliament, 1st reading/single reading 2018/10/02
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2018/07/11
- Coreper letter confirming interinstitutional agreement 2018/06/13
- Results of vote in Parliament 2017/05/18
- Committee report tabled for plenary, 1st reading/single reading 2017/05/10
- Vote in committee, 1st reading/single reading 2017/04/25
- Committee decision to open interinstitutional negotiations with report adopted in committee 2017/04/25
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CULT | VERHEYEN Sabine ( PPE), KAMMEREVERT Petra ( S&D) | DZHAMBAZKI Angel ( ECR), TOOM Yana ( ALDE), MALTESE Curzio ( GUE/NGL), TRÜPEL Helga ( Verts/ALE), ADINOLFI Isabella ( EFDD), BILDE Dominique ( ENF) |
Committee Opinion | FEMM | ||
Committee Opinion | ENVI | DORFMANN Herbert ( PPE) | Daciana Octavia SÂRBU ( S&D) |
Committee Opinion | EMPL | ||
Committee Opinion | IMCO | MCCLARKIN Emma ( ECR) | Anna HEDH ( S&D), Dennis de JONG ( GUE/NGL), Marcus PRETZELL ( ENF), Mihai ŢURCANU ( PPE) |
Committee Opinion | JURI | BUDA Daniel ( PPE) | Max ANDERSSON ( Verts/ALE), Mady DELVAUX ( S&D) |
Committee Opinion | ECON | ||
Committee Opinion | LIBE | MLINAR Angelika ( ALDE) | Jan Philipp ALBRECHT ( Verts/ALE), Emilian PAVEL ( S&D), Traian UNGUREANU ( PPE) |
Committee Opinion | ITRE |
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/single 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/single 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
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0170
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: 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
- Document attached to the procedure: EUR-Lex SWD(2016)0170
- Document attached to the procedure: 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
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
Amendment 222 #
Proposal for a directive Recital 19 a (new) (19a) In order to increase the flexibility for broadcasters while maintaining a high level of protection for consumers and viewers, specific time slots could be established where the permitted advertising is liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding permitted advertising time and be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour is not fixed the broadcasters are given more flexibility and could therefore adjust their advertising slots more freely.
Amendment 223 #
Proposal for a directive Recital 20 Amendment 224 #
Proposal for a directive Recital 20 Amendment 225 #
Proposal for a directive Recital 21 Amendment 226 #
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 should 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 227 #
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. Member States should ensure that right holders under their jurisdiction label their audiovisual content that qualifies as European works as such in their metadata and make this information available to service providers.
Amendment 228 #
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. Prominence refers to the visibility and accessibility of European works on on-demand audiovisual media services, such as the availability of a specific section dedicated to European works.
Amendment 229 #
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. Such prominence might, for example, take the form of a presence of European works on the homepage or the possibility for users to specifically search for through a classification of origin.
Amendment 230 #
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, in keeping with the national requirements laid down in the Member State in which their services are available.
Amendment 231 #
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 232 #
Proposal for a directive Recital 21 (21)
Amendment 233 #
Proposal for a directive Recital 21 (21) Providers of on-demand audiovisual media services 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 234 #
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
Amendment 235 #
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, where practical and by appropriate means, that their catalogues contain a minimum share of European works
Amendment 236 #
Proposal for a directive Recital 21 a (new) (21a) Providers of on-demand audiovisual media services should be encouraged to promote the production and distribution of European works if their catalogues contain a share of European works and the viewing experience of the consumer is not affected by this.
Amendment 237 #
Proposal for a directive Recital 21 a (new) Amendment 238 #
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 239 #
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 240 #
Proposal for a directive Recital 22 (22) In order to
Amendment 241 #
Proposal for a directive Recital 22 (22) In order to ensure adequate levels of investment on European works, Member States should be able, if necessary, to impose financial obligations to on-demand service providers established on their territory. Those obligations can take the form of direct contributions to the production of and acquisition of rights in European works. The Member States could also impose levies payable to a fund, on the basis of the revenues made with on- demand services
Amendment 242 #
Proposal for a directive Recital 22 (22) In order to ensure adequate levels of investment on European works, Member States
Amendment 243 #
Proposal for a directive Recital 23 Amendment 244 #
Proposal for a directive Recital 23 Amendment 245 #
Proposal for a directive Recital 23 a (new) (23a) A code should be established at EU level setting out rules for the recognition and measurement of European works in order to ensure the clear and uniform application of the Directive’s provisions as regards support for the production and distribution of European works.
Amendment 246 #
Proposal for a directive Recital 24 Amendment 247 #
Proposal for a directive Recital 24 Amendment 248 #
Proposal for a directive Recital 24 (24) When Member States impose financial contributions to providers of on- demand services such contributions sh
Amendment 249 #
Proposal for a directive Recital 25 (25) In order to ensure that obligations on promotion of European works
Amendment 250 #
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 as regards to the targeted market 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 or the competition with equivalent European works – they would be impracticable or unjustified. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 251 #
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
Amendment 252 #
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
Amendment 253 #
Proposal for a directive Recital 25 a (new) (25a) The Commission should ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe in order to support the circulation of creative content across borders, including the improvement of digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 254 #
Proposal for a directive Recital 26 Amendment 255 #
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
Amendment 256 #
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
Amendment 257 #
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. Video-sharing platform providers should be encouraged to put in place voluntary measures on those matters, provided that user's fundamental rights are protected, in accordance with guidelines issued by regulatory authorities, and without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council 33a . Such measures should avoid arbitrary removal of content and should not undermine freedom of expression and information. __________________ 33a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
Amendment 258 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms, including social networking platforms and similar services fulfilling the necessary criteria to be considered as such, 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.
Amendment 259 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms, on which users
Amendment 260 #
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,
Amendment 261 #
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 accordance with Union and national law.
Amendment 262 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms and social media, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech
Amendment 263 #
Proposal for a directive Recital 27 (27) As regards commercial communications on video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business-to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards
Amendment 264 #
Proposal for a directive Recital 27 (27) As regards commercial communications on audiovisual media such as video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business- to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards commercial communications concerning tobacco and related products in video-
Amendment 265 #
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, 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, with due respect for their editorial independence and for the principle of the freedom of expression as defined by the Universal Declaration of Human Rights and the resolution of the UN Human Rights Council of 1 July 2016 on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20), and additionally defined by Article 11 of the Charter of Fundamental Rights of the European Union, be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all
Amendment 266 #
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 267 #
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, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or
Amendment 268 #
Proposal for a directive Recital 28 (28) An important share of the content host
Amendment 269 #
Proposal for a directive Recital 28 (28)
Amendment 270 #
Proposal for a directive Recital 28 (28)
Amendment 271 #
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, where those providers
Amendment 272 #
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, 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
Amendment 273 #
Proposal for a directive Recital 28 (28) A
Amendment 274 #
Proposal for a directive Recital 28 (28)
Amendment 275 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing or social media platforms is not under the editorial responsibility of the
Amendment 276 #
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, 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 violence or hatred directed against a group of persons or a member of such a group defined by
Amendment 277 #
Proposal for a directive Recital 28 (28) An important share of the content host
Amendment 278 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms is not
Amendment 279 #
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, where th
Amendment 280 #
Proposal for a directive Recital 29 Amendment 281 #
Proposal for a directive Recital 29 (29) In light of the
Amendment 282 #
Proposal for a directive Recital 29 (29)
Amendment 283 #
Proposal for a directive Recital 29 (29)
Amendment 284 #
Proposal for a directive Recital 29 (29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC
Amendment 285 #
Proposal for a directive Recital 29 (29) In light of the nature of the providers' involvement with the content host
Amendment 286 #
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 287 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers, national human rights institutions and other stakeholders as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co- regulation should therefore be encouraged within a transparent process. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures t
Amendment 288 #
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 289 #
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 290 #
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
Amendment 291 #
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
Amendment 292 #
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.
Amendment 293 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers that manage social networking platforms and similar services as much as possible when implementing the
Amendment 294 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers, civil society organisations and other relevant stakeholders as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co- regulation within a transparent and accountable multistakeholder process 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 remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 295 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the audiovisual media service providers such as video-sharing platform providers
Amendment 296 #
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 297 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers a
Amendment 298 #
Proposal for a directive Recital 30 a (new) (30a) New technologies make it easier to integrate live video streaming into social media platforms. They enable live broadcasting and real-time interaction while the video is being streamed on a social network platform, something that has proven extremely popular among users and is expected to grow exponentially in coming years. The popularity of such tools, whether live video streaming or video hosting, is such that social media platforms expect that the majority of content published on them is audiovisual.
Amendment 299 #
Proposal for a directive Recital 30 a (new) (30a) Member States should ensure that any measure taken, for the purpose of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights of the European Union, is limited to what is necessary and proportionate and is taken on the basis of a prior judicial authorisation.
Amendment 300 #
Proposal for a directive Recital 31 (31) When taking
Amendment 301 #
Proposal for a directive Recital 31 (31) When taking the appropriate measures to protect minors from
Amendment 302 #
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 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 and be taken into account by every audiovisual media service. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child.
Amendment 303 #
Proposal for a directive Recital 31 (31) When taking the appropriate measures to protect minors from harmful content
Amendment 304 #
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 discrimination and the right of the child.
Amendment 305 #
Proposal for a directive Recital 31 a (new) (31a) The 2011 EU Agenda for the Rights of the Child defines "the Treaties, the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of the Child (UNCRC) as a common basis for all EU action which is relevant to children". Articles 5 and 19 of the UNCRC are of particular relevance for the protection of children in audiovisual media services.
Amendment 306 #
Proposal for a directive Recital 31 a (new) (31a) To ensure the protection of fundamental rights of users, regulatory authorities of Member States, in cooperation with ERGA and the Commission, should regularly issue guidelines on the terms and conditions applicable to the removal of harmful content, in accordance with national and Union law and the Charter of Fundamental Rights of the European Union.
Amendment 307 #
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 platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. Given the wide audience of video-sharing platforms and social media, it is appropriate that the Member State having jurisdiction over such a platform coordinate with the other Member States concerned for the regulation of those platforms. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 308 #
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 and generally provide hosting services in line with Article 14 of that instrument. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 309 #
Proposal for a directive Recital 32 (32)
Amendment 310 #
Proposal for a directive Recital 32 (32)
Amendment 311 #
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 platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and
Amendment 312 #
Proposal for a directive Recital 32 a (new) (32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims to enshrine the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government (e.g. they neither seek nor take instructions), operate in a transparent and accountable manner as set out in a law, and have sufficient powers.
Amendment 313 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence
Amendment 314 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural and functional 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 independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, non-discrimination, transparency, the internal market and the promotion of fair competition.
Amendment 315 #
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 their independence and thus 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 telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 316 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if
Amendment 317 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence
Amendment 318 #
Proposal for a directive Recital 35 a (new) (35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 319 #
Proposal for a directive Recital 36 (36) ERGA has made a positive
Amendment 320 #
Proposal for a directive Recital 36 (36) ERGA
Amendment 321 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in
Amendment 322 #
Proposal for a directive Recital 36 (36) ERGA
Amendment 323 #
Proposal for a directive Recital 37 (37) The Member States and the Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Member States and the Commission by providing its expertise and advice and by facilitating exchange of best practices.
Amendment 324 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA and the contact committee on any matter relating to audiovisual media services and video-
Amendment 325 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA and the contact committee on any matter relating to audiovisual media services and video-
Amendment 326 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation
Amendment 327 #
Proposal for a directive Recital 38 (38) This Directive
Amendment 328 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure
Amendment 329 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure
Amendment 330 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure
Amendment 331 #
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 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.
Amendment 332 #
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 access
Amendment 333 #
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 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.
Amendment 334 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to
Amendment 335 #
Proposal for a directive Recital 38 a (new) (38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act36a aims to enshrine these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 36a COM(2015)615 final.
Amendment 336 #
Proposal for a directive Recital 38 b (new) Amendment 337 #
Proposal for a directive Recital 39 (39) This Directive respects the fundamental rights and observes the principles recognised
Amendment 338 #
Proposal for a directive Recital 39 (39)
Amendment 339 #
Proposal for a directive Recital 39 (39)
Amendment 340 #
Proposal for a directive Recital 39 (39) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the right to freedom of expression, the freedom to conduct a business, the right to judicial review and to promote the application of the rights of the child and the right to non-discrimination enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 341 #
Proposal for a directive Recital 39 a (new) (39a) Where it is apparent that national legislation is such as to obstruct the exercise of one or more fundamental freedoms guaranteed by the Treaties, it may benefit from the exceptions provided for by Union law in order to justify that fact only in so far as that complies with the fundamental rights enforced by the Court. That obligation to comply with fundamental rights manifestly comes within the scope of Union law and, consequently, within that of the Charter. The use by a Member State of exceptions provided for by Union law in order to justify an obstruction of a fundamental freedom guaranteed by the Treaties must, therefore, be regarded as 'implementing Union law' within the meaning of Article 51(1) of the Charter.
Amendment 342 #
Proposal for a directive Recital 40 (40) The right to access political news programmes is crucial to safeguard the fundamental freedom to receive information and to ensure that the interests of viewers in the Member States of the Union are fully and properly protected. Given the ever growing importance of audiovisual media services for societies and democracy, broadcasts of political news
Amendment 343 #
Proposal for a directive Recital 40 (40) The right to access political news programmes is crucial to safeguard the fundamental freedom to receive information and to ensure that the interests of viewers in the Union are fully and properly protected. Given the ever growing importance of audiovisual media services for societies and democracy, broadcasts of political news should
Amendment 344 #
Proposal for a directive Recital 40 a (new) (40a) With a view to ensuring a high level of audiovisual content as well as a sensitive approach to people in exceptional and difficult life situations, such as the victims of accidents, crime, military conflicts or their relatives, media service providers should take care to respect and protect human dignity when creating news and current affairs content.
Amendment 345 #
Proposal for a directive Recital 40 a (new) (40a) Member States shall also require broadcasters under its jurisdiction to broadcast major political and sporting events that are considered to be of importance to society. Such events shall be accessible to persons with disabilities.
Amendment 346 #
Proposal for a directive Recital 41 a (new) (41a) Programmes and services of media providers should be distributed in full, unaltered and without breaks, and should not be modified without the consent of the media service providers concerned. Furthermore, to ensure that the provisions of the directive are effectively implemented and to protect the editorial responsibility of media service providers and promote the audiovisual value chain, the integrity of programmes and media service providers should be guaranteed by law.
Amendment 347 #
Proposal for a directive Recital 42 a (new) (42a) Regulatory policy in this sector has to safeguard certain public interests, such as cultural diversity, the right to information, media pluralism, the protection of minors and consumer protection, and to enhance public awareness and media literacy, now and in the future.
Amendment 348 #
Proposal for a directive Recital 42 b (new) (42b) 'Media literacy' refers to skills, knowledge and understanding that allow consumers to use media effectively and safely. Media-literate people are able to exercise informed choices, understand the nature of content and services and take advantage of the full range of opportunities offered by new communications technologies. They are better able to protect themselves and their families from harmful or offensive material. Therefore the development of media literacy in all sections of society should be promoted and its progress followed closely. Possible measures for promoting media literacy include for example, continuing education of teachers and trainers, specific Internet training aimed at children from a very early age, including sessions open to parents, or organisation of national campaigns aimed at citizens, involving all communications media, to provide information on using the Internet responsibly.
Amendment 349 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/13/EU Article 1 – paragraph 1 Amendment 350 #
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 or a dissociable section thereof, including as a dissociable section of a wider service, is devoted to providing programmes, under the editorial responsibility of a media service provider, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC. Such an audiovisual media service is either a television broadcast as defined in point (e) of this paragraph or an on-demand audiovisual media service as defined in point (g) of this paragraph;;
Amendment 351 #
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, which is under
Amendment 352 #
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 353 #
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 354 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point a – point i a (new) Amendment 355 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point a – point ii Amendment 356 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a (aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets the
Amendment 357 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b (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 358 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage of
Amendment 359 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of: – the storage – or provision of access through streaming of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 360 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage of
Amendment 361 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage of a large amount of programmes or user- generated videos
Amendment 362 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage or allows the making available of a large amount of programmes or user-
Amendment 363 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 - point a a - point i (i) the service consists of the storage
Amendment 364 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 - point a a - point i (i) the service consists of the storage of
Amendment 365 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage of
Amendment 366 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article – paragraph 1 – point a a – point ii (ii) the organisation of the stored content is determined by the provider of the service
Amendment 367 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point ii (ii) the organisation of the stored content is determined by the provider of the service with the aim of maximising viewers' access to content, including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 368 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point ii (ii) the active organisation of the stored content
Amendment 369 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point ii (ii) the organisation of the
Amendment 370 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point ii (ii) the organisation of the stored
Amendment 371 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article – paragraph 1 – point a a – point ii (ii) the organisation of the
Amendment 372 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a dissociable section thereof is devoted to, or the service plays a significant role in, providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 373 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a dissociable section thereof is devoted to, or the service plays a significant role in, providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 374 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service
Amendment 375 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a service which is a dissociable section
Amendment 376 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a dissociable section thereof is devoted to providing programmes
Amendment 377 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a dissociable section thereof is devoted
Amendment 378 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c Directive 2010/13/EU Article 1 – paragraph 1 – point b (b) ‘programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films
Amendment 379 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c Directive 2010/13/EU Article 1 – paragraph 1 – point b (b)
Amendment 380 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b a (new) (ca) The following point is inserted: ‘(ba) ‘Access service’ means 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.’
Amendment 381 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c b (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b b (new) (cb) The following point is inserted: (bb) ‘Subtitles for the deaf and hard of hearing’: synchronised visual text alternative for both speech and non- speech audio information needed to understand the media content.
Amendment 382 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c c (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b c (new) (cc) The following point is inserted: (bc) ‘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.
Amendment 383 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c d (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b d (new) (cd) The following point is inserted: (bd) ‘Spoken subtitles or audio subtitles’: read aloud of subtitles in the national language when the audio speech is in a different language.
Amendment 384 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c e (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b e (new) (ce) The following point is inserted: (be) 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 385 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a Amendment 386 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a (ba) 'user-generated video' means an audiovisual work which consists of a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video-sharing platform by
Amendment 387 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a (
Amendment 388 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a (ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is
Amendment 389 #
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 point is inserted: (bb) 'editorial decision' means a decision taken on a day-to-day basis for the purpose of exercising editorial responsibility;
Amendment 390 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point c (da) Article 1, paragraph 1, point c is replaced by the following: "(c)
Amendment 391 #
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) 'minors' means any person who does not have reached the age of majority;
Amendment 392 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e b (new) (eb) The following point is inserted: (dc) 'children' means any minor under the age of 13 years;
Amendment 393 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e c (new) Directive 2010/13/EU Article 1 – paragraph 1 – point d d (new) (ec) The following point is inserted: (dd) 'adolescents' means any minor between the age of 13 years and the age of majority;
Amendment 394 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e Directive 2010/13/EU Article 1 – paragraph 1 – point d a (da) 'video-sharing platform provider' means the natural or legal person, without editorial responsibility, who provides a video-sharing platform service;
Amendment 395 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point g a (new) (ea) The following point is inserted: (ga) 'access service' means, but is not limited to, an add-on feature of an audiovisual media service that improves the accessibility of a programme for people with functional limitations, including persons with disabilities. Access services include, but are not limited to: (i) 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; (ii) 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; (iii) spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language; (iv) 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 396 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point g a (new) (ea) The following point is inserted: ‘(ga) 'access service' means 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, audio description, spoken or audio subtitles and sign language interpretation;’
Amendment 397 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point f a (new) (ea) The following point is inserted: ‘(fa) "media literacy" means the ability of a citizen to access, understand, critically evaluate, create and interact with different aspects of media and media contents;’
Amendment 398 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point h (ea) Article 1, paragraph 1, point h is replaced by the following: "(h) 'audiovisual commercial communication' means images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity. Such images, which are delivered through the same channel of a media service, accompany or are included in a programme in return for payment or for similar consideration or for self-
Amendment 399 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e b (new) Directive 2010/13/EU Article 1 – paragraph 1 – point f b (new) (eb) The following point is inserted: ‘(fb) 'access service' means 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. Access services include subtitles for the deaf and hard of hearing (SDH), audio description, spoken subtitles or audio subtitles and sign language interpretation;’
Amendment 400 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e b (new) Directive 2010/13/EU Article 1 – paragraph 1 – point i Amendment 401 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e c (new) Directive 2010/13/EU Article 1 – paragraph 1 – point j (ec) Article 1, paragraph 1, point j is replaced by the following: "(j) 'surreptitious audiovisual commercial communication' means the representation
Amendment 402 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e d (new) Directive 2010/13/EU Article 1 – paragraph 1 – point k Amendment 403 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e e (new) Directive 2010/13/EU Article 1 – paragraph 1 – point l Amendment 404 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e f (new) Directive 2010/13/EU Article 1 – paragraph 1 – point m (ef) Article 1, paragraph 1, point m is replaced by the following: "(m) 'product placement' means any
Amendment 405 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e g (new) Directive 2010/13/EU Article 1 – paragraph 1 – point m a (new) (eg) The following point is inserted: ‘(ma) 'Branded entertainment' means a type of audiovisual commercial communication which presents itself under the appearance of non-commercial entertainment, with the real goal of using the whole audiovisual product as a vehicle for conveying the brand's personality and messaging. It aims to deliver a deep symbolic representation of the promoted brand and, to this end, it uses scantily, or not at all, its direct representation. It is funded by the company aiming to promote its brand, and it is explicitly conceived as a part of its marketing strategy.’
Amendment 406 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point e h (new) Directive 2010/13/EU Article 1 – paragraph 1 – point m b (new) (eh) The following point is inserted: ‘(mb) 'public service obligations' means any obligations imposed on a public or private organisation, by legislation or contract, to provide a service of preeminent public interest, consisting in informing, educating or entertaining by means of audiovisual media services;’
Amendment 407 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point a – point ii a (new) (aa) The following new paragraph is inserted: ‘(ii) The definitions in points (a) and (aa) of paragraph 1 shall not include games of chance involving a stake representing a sum of money, including lotteries, betting and other forms of gambling services or any form of advertising, including commercial communication for those activities.’
Amendment 408 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2010/13/EU Chapter II - Title Amendment 409 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) Amendment 410 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) Amendment 411 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) Amendment 412 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) (2a) The following article is inserted: 'Article -2 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction take appropriate measures to: (a) protect all citizens from programmes and user-generated videos containing 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, descent or national origin; (b) protect minors from programmes or user-generated videos 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. Such measures may include selecting the time of their availability, age verification tools or other technical measures. The most harmful content, such as gender-based violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls; 2. What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the potential 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 providers and the users having created and/or uploaded the content as well as the public interest and respect communicative freedoms. Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content. 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage co-regulation as provided for in Article -2f(3) and (4). Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraph 2 of this Article. Member States shall entrust this task to the bodies designated in accordance with Article 29. When adopting such measures the Member States shall respect the conditions set by applicable Union law, in particular Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. 4. Member States shall ensure that complaint and redress mechanisms are available for the settlement of disputes between recipients of a service and media service providers or video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.'
Amendment 413 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) Amendment 414 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article –2 (new) Amendment 415 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2010/13/EU Chapter II – Article –2 a (new) (2b) The following article is inserted: 'Article -2a 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, descent, age or sexual orientation; (iii) encourage behaviour prejudicial to health or safety; (iv) encourage behaviour grossly prejudicial to the protection of the environment; (d) all forms of audiovisual commercial communications for cigarettes, electronic cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. 2. Member States and the Commission shall encourage the development of co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications. Those codes should aim at reducing the exposure of minors to audiovisual commercial communications for alcoholic beverages, avoid their exposure to audiovisual commercial communications advocating doctrines or beliefs and limit their exposure to audiovisual commercial communications of food and beverage that do not fit national or international nutritional guidelines.'
Amendment 416 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point 2 Directive 2010/13/EU Chapter II – Article –2 a (new) Amendment 417 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2010/13/EU Chapter II – Article –2 a (new) (2b) The following article is inserted: 'Article -2a 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) encourage behaviour prejudicial to health or safety; (iii) gratuitously offend or insult religious groups or members thereof with respect to their religious affiliation, or their religious convictions or symbols; (iv) encourage behaviour grossly prejudicial to the protection of the environment; (v) contain sexualisation of children or degrading depictions of women; (d) all forms of audiovisual commercial communications for cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. (h) pornography, including representations susceptible to incite to hatred based on sex, is prohibited in all forms of audiovisual commercial communications; 2. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications.'
Amendment 418 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2010/13/EU Chapter II – Article –2 a (new) (2b) The following article is inserted: 'Article -2a 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity including by objectivising or by perpetuating stereotypes on the basis of gender; (ii) encourage behaviour prejudicial to health or safety; (iii) encourage behaviour grossly prejudicial to the protection of the environment; (d) all forms of audiovisual commercial communications for cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. 2. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications.'
Amendment 419 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2010/13/EU Chapter 2 – Article -2 a (new) Amendment 420 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2010/13/EU Chapter II – Article –2 b (new) Amendment 421 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2010/13/EU Chapter II – Article – 2 b (new) Amendment 422 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2010/13/EU Chapter II Article –2 c (new) Amendment 423 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2010/13/EU Chapter II – Article –2 c (new) Amendment 424 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2010/13/EU Chapter II – Article –2 d (new) (2e) The following article is inserted: 'Article -2d Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction do not transmit cinematographic works outside periods agreed with the rights holders.'
Amendment 425 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2010/13/EU Chapter II – Article –2 d (new) (2e) The following article is inserted: 'Article -2d Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction do not transmit copyright protected works outside periods agreed with the rights holders.'
Amendment 426 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2010/13/EU Chapter II – Article –2 e (new) (2f) The following article is inserted: 'Article -2e 1. Member States shall ensure that audiovisual media service providers and video-sharing platform providers under their jurisdiction shall make easily, directly and permanently accessible to the recipients of a service at least the following information: (a) the name of the media service provider or video-sharing platform provider; (b) the geographical address at which the media service provider or video- sharing platform provider is established; (c) the details of the media service provider or video-sharing platform provider, including its electronic mail address or company-website, which allow it to be contacted rapidly in a direct and effective manner; (d) the Member State having jurisdiction over the media service providers or video-sharing platform providers and the competent regulatory bodies or supervisory bodies. 2. Member States may waive the requirements laid down in paragraphs 1(b) and/or (d) for audiovisual media services providers operating through a video-sharing platform where such requirements would be disproportionate given its purpose and its low turnover or low audience in regards to the targeted market.'
Amendment 427 #
Proposal for a directive Article 1 – paragraph 1 – point 2 g (new) Directive 2010/13/EU Chapter II – Article –2 f (new) Amendment 428 #
Proposal for a directive Article 1 – paragraph 1 – point 2 h (new) Directive 2010/13/EU Chapter II – Article –2 f (new) Amendment 429 #
Proposal for a directive Article 1 – paragraph 1 – point 2 g (new) Directive 2010/13/EU Chapter II – Article – 2 f (new) Amendment 430 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2010/13/EU Article 2 Amendment 431 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – introductory part Directive 2010/13/EU Article 2 – paragraph 3 (a)
Amendment 432 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/13/EU Article 2 – paragraph 3 – point b Amendment 433 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/13/EU Article 2 – paragraph 3 – point b Amendment 434 #
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 435 #
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 436 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/13/EU Article 2 - paragraph 3 - point c a (new) (aa) The following point is inserted: ‘(ca) if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b & 5c of this Article.’
Amendment 437 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/13/EU Article 2 – paragraph 3 - point c a (new) (aa) The following point is inserted: ‘(ca) 'if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service or media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b & 5c of this Article.’
Amendment 438 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/13/EU Article 2 – paragraph 3 – point c a (new) (aa) The following point is inserted: ‘(ca) if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service or media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b and 5c of this Article.'
Amendment 439 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/13/EU Article 2 – paragraph 4 (aa) In Article 2, paragraph 4 is amended as follows: 4. Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases: (a) they use a satellite
Amendment 440 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/13/EU Article 2 – paragraph 4 (aa) In Article 2, paragraph 4 is amended as follows: "4. Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of
Amendment 441 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their
Amendment 442 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 - paragraph 5 a 5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. This list shall include information regarding the Member State or non-Union territory targeted by individual audiovisual media service providers or audiovisual media services and the languages in which these services are provided. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 443 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. The list shall also include information on Member States, to which audiovisual media service is directed and language versions of the service. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 444 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/UE Article 2 – paragraph 5 a 5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. The list shall include information on Member States, to which audiovisual media service is directed and language versions of the service. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the
Amendment 445 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. Member States shall
Amendment 446 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information, which shall be made effectively and easily accessible to the public.
Amendment 447 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 - paragraph 5 a 5a. "5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. They shall subsequently inform the Commission
Amendment 448 #
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.
Amendment 449 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 b 5b. Where
Amendment 450 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 b 5b. Where
Amendment 451 #
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) and the contact committee to provide an opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA or the contact committee, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA or the contact committee has adopted an opinion.
Amendment 452 #
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 an opinion on the matter within 15 working days from submission of the Commission's request. The opinion of ERGA should also be sent to the contact committee. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.
Amendment 453 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/13/EU Article 2 - paragraph 5 b 5b. Where
Amendment 454 #
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 455 #
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 2, 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 an opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.";
Amendment 456 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2010/13/EU Article 2 – paragraph 5 b a (new) (ba) The following paragraph is inserted: ‘5ba. The Commission shall decide within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.’
Amendment 457 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2010/13/EU Article 2 – paragraph 5 b a (new) (ba) The following paragraph is inserted: ‘5ba. The Commission shall decide, within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA, on said notification.’
Amendment 458 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2010/13/EU Article 2 – paragraph 5 b a (new) (ba) The following paragraph is inserted: ‘5ba. The Commission shall decide, within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA, on said notification.
Amendment 459 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2010/13/EU Article 2 – paragraph 5 b a (new) (ba) The following paragraph is inserted: 5ba. The Commission shall decide within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.
Amendment 460 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2010/13/EU Article 2 a (new) Amendment 461 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2010/13/EU Article 2 b (new) (3b) The following article is inserted: ‘Article 2b 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) encourage behaviour prejudicial to health or safety; (iii) encourage behaviour grossly prejudicial to the protection of the environment; (d) all forms of audiovisual commercial communications for cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. (h) audiovisual commercial communications shall not directly encourage the use of loans, thereby exploiting the inexperience or financial hardship of citizens. They shall not, particularly while failing to mention the precise terms and conditions of the loan, refer to the loan’s convenience, to rapid payment or to the immediate improvement of the customer’s financial situation without providing a comprehensible warning of the possible financial consequences of such a loan (interest, additional fees, penalties, etc.).’
Amendment 462 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 1 1. Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual media services
Amendment 463 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 1 1. Member States shall ensure freedom of reception and
Amendment 464 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – introductory part 2. Member States may provisionally derogate from paragraph 1, without prejudice to the communicative freedoms, if an audiovisual media service provided by a media service provider under the jurisdiction of another Member State:
Amendment 465 #
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 Article
Amendment 466 #
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, or both;
Amendment 467 #
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
Amendment 468 #
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
Amendment 469 #
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 470 #
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 471 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point b (b) prejudices or presents a serious and grave risk of prejudice to public morality, public policy or public security, including the safeguarding of national security and defence; or
Amendment 472 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2– point b (b) prejudices or presents a serious and grave risk of prejudice to public security or to public health, including the safeguarding of national security and defence
Amendment 473 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point b (b) prejudices or presents a serious and grave risk of prejudice to public
Amendment 474 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point c Amendment 475 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 2 – point c (c) prejudices or presents a serious and grave risk of prejudice to public health, the lives of people and animals or the preservation of plants.
Amendment 476 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 Amendment 477 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a Amendment 478 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a (a) during the
Amendment 479 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a (a) during the 12 months preceding the notification referred to in point (b) of this paragraph, the media service provider has, in the opinion of the Member State concerned, contravened
Amendment 480 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a (a) during the
Amendment 481 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point a a (new) (aa) during the 12 months preceding the notification referred to in point (b) of this paragraph, in the opinion of the Member State concerned, an alleged contravention of point (b) of paragraph 2 has been detected on at least two occasions;
Amendment 482 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point b (b) the Member State concerned has notified, in writing, the media service provider
Amendment 483 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 - paragraph 3 - point c Amendment 484 #
Proposal for a directive Article 1 – paragraph 1 – point 4 (c) consultations with the Member State which has jurisdiction over the provider
Amendment 485 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point d (d) the media service
Amendment 486 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point e (e) the notifying Member State has respected the rights of defence of the media
Amendment 487 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 3 – point e – subparagraph 2 Amendment 488 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Amendment 489 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 The Commission shall, within three months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3 and after having consulted ERGA, take a decision on whether those measures are compatible with Union law, in particular in light of their substantial compliance with the Union's objectives of protection laid down in Articles 6, 7, 9, 10, 11 and 12 of this Directive and the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within three months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 490 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 Amendment 491 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 The Commission shall, within three months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3 and after having consulted ERGA, take a decision on whether those measures are compatible with Union law. That period shall begin on
Amendment 492 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 The Commission shall, within three months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3 and after having consulted ERGA, take a decision on whether those measures are compatible with Union law. That period shall begin on the day following the receipt of a notification, which provides all necessary information according to paragraphs 2 and 3 (complete notification). The notification shall be considered as complete if, within t
Amendment 493 #
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 494 #
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 495 #
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 496 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 a (new) ‘That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within three months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.’
Amendment 497 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 3 Amendment 498 #
Proposal for a directive Article 1 – paragraph 1 – point 4 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 499 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 3 a (new) ‘If, at the meeting of the dispute resolution body, no settlement is arrived at with a view to halting the contraventions by the provider, the Member State concerned shall uphold the measures taken pursuant to paragraphs 2 and 3. In that case, the ad hoc dispute resolution body shall meet again within three months. If a settlement is arrived at, the Member State concerned shall put an end to the measures in question.’
Amendment 500 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 3 b (new) ‘If it is proven that the contraventions are occurring, the Member State which has jurisdiction over the provider shall do everything possible, in accordance with the means available to it, to halt them, in accordance with the principle of sincere cooperation.’
Amendment 501 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 5 5. Paragraphs 3 and 4 shall be without prejudice to the application of any procedure, remedy or sanction to the contraventions in question in the Member State which has jurisdiction over the media service provider concerned. In this case, Member State which has jurisdiction over the media service provider concerned, takes into account the notification of the notifying Member State about the compliance of media service provider concerned with the conditions laid down in points (a), (b) and/or (c) of Article 3(2).
Amendment 502 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 6 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 503 #
Proposal for a directive Article 1 – paragraph 1 – point 4 6. Member States may, 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
Amendment 504 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 6 6. Member States may, in urgent cases, derogate from the conditions laid down in points (b), (c) and (
Amendment 505 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 7 Amendment 506 #
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
Amendment 507 #
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
Amendment 508 #
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
Amendment 509 #
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
Amendment 510 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 7 a (new) 7a. All the measures derogating from paragraph 1 shall be objectively necessary, applied in a non- discriminatory manner and proportionate to the objectives referred to in paragraph 2.
Amendment 511 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 - paragraph 8 Amendment 512 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 8 8. Member States and the Commission shall regularly exchange experiences and best practices regarding the procedure set out in paragraphs 2 to 7 in the framework of the contact committee established pursuant to Article 29 and ERGA. The Commission shall make these best practices effectively and easily accessible to the public.;
Amendment 513 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/13/EU Article 4 Amendment 514 #
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 515 #
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
Amendment 516 #
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, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a
Amendment 517 #
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
Amendment 518 #
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, 27, 30 and 30a, provided that such rules are in compliance with Union law.
Amendment 519 #
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
Amendment 520 #
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 521 #
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
Amendment 522 #
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 523 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a a (new) Directive 2010/13/EU Article 4 - paragraph 1 a (new) Amendment 524 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a b (new) Directive 2010/13/EU Article 4 – paragraph 1 b (new) ‘1b. 'Member States shall inform media service providers under their jurisdiction about more detailed or stricter rules adopted according to paragraph 1 in Member States, to which their service is wholly or mostly received.'
Amendment 525 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a a (new) Directive 2010/13/EU Article 4 – paragraph 1 a (new) 1a. Member States shall inform European Commission, regulatory authorities of other Member States and ERGA about more detailed or stricter rules adopted according to paragraph 1.
Amendment 526 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a a (new) Directive 2010/13/EU Article 4 – paragraph 2 – point b (
Amendment 527 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a a (new) Directive 2010/13/EU Article 4 – paragraph 2 – point b Amendment 528 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a b (new) Directive 2010/13/EU Article 4 – paragraph 2 – subparagraph 2 (ab) In Article 4 (2), subparagraph 2 is replaced by the following: it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed. On receipt of a substantiated request by the first Member State, the Member State having jurisdiction shall request the
Amendment 529 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a b (new) Directive 2010/13/EU Article 4 – paragraph 2 – subparagraph 2 Amendment 530 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a b (new) Directive 2010/13/EU Article 4 – paragraph 3 – introductory part Amendment 531 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a c (new) Directive 2010/13/EU Article 4 – paragraph 3 – point b (
Amendment 532 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point b Directive 2010/13/EU Article 4 – paragraph 3 (b)
Amendment 533 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point b Directive 2010/13/EU Article 4 – paragraph 3 Amendment 534 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point b a (new) Directive 2010/13/EU Article 4 – paragraph 3 a (new) (ba) The following paragraph is inserted: ‘3a. In order to assess if the media service provider infringed rules set in art. 2 paragraph 2 and/or more detailed or stricter rules adopted according to paragraph 1 in Member State, to which its service is wholly or mostly directed, Member States shall oblige media service providers under their jurisdiction to record and store their services for reasonable period of time, at least 2 months.’
Amendment 535 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point a (a) it has notified the Commission
Amendment 536 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point a (a) it has notified the Commission and the Member State in which the
Amendment 537 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point a (a) it has notified the Commission and
Amendment 538 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point a (a) it has notified the
Amendment 539 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point b (b) it has respected the rights of defence of the
Amendment 540 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point b (b) it has respected the rights of defence of the
Amendment 541 #
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, after having consulted ERGA, that the measures are compatible with Union law, in particular in light of their compliance with the Union's objectives of protection laid down in paragraph 1 and the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union, and that assessments made by the
Amendment 542 #
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, after having consulted the contact committee and ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs
Amendment 543 #
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, after having consulted ERGA and the contact committee, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under
Amendment 544 #
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 545 #
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, after having consulted ERGA, that the measures are
Amendment 546 #
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 547 #
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
Amendment 548 #
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 549 #
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 550 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 5 – subparagraph 2 a (new) The Member State shall provide the information requested within a reasonable period, in accordance with the principle of sincere cooperation.
Amendment 551 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 5 – subparagraph 3 Where the Member State concerned does not provide the information requested within the period fixed by the Commission or provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in
Amendment 552 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 1 Amendment 553 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 1 "7. Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions. Where co-regulation and self-regulation prove to be ineffective, the national regulatory authorities must in all circumstances be able to exercise their effective powers.
Amendment 554 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Member States shall encourage co- regulation
Amendment 555 #
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 556 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 1 Amendment 557 #
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
Amendment 558 #
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
Amendment 559 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 2 Draft Union co
Amendment 560 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 3 The
Amendment 561 #
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 co
Amendment 562 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d a (new) Directive 2010/13/EU Article 4 – paragraph 7 a (new) (da) The following paragraph is inserted: ‘7a. The Commission shall ensure that new co-regulation and self-regulation initiatives, including codes of conducts, and amendments or extensions to existing co-regulation and self-regulation initiatives shall be made effectively and easily accessible to the public, before their adoption.’
Amendment 563 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d a (new) Directive 2010/13/EU Article 4 – paragraph 8 a (new) (da) The following paragraph is inserted: ‘8a. The 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, cultural and regional diversity, and language preservation.’
Amendment 564 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d a (new) Directive 2010/13/EU Article 4 – paragraph 8 (da) In Article 4, 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 565 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2010/13/EU Article 4 – paragraph 8 a (new) 8a. This Directive is without prejudice to the capacity of Member States to impose obligations to ensure the accessibility and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity.
Amendment 566 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/13/EU Chapter III PROVISIONS APPLICABLE
Amendment 567 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/13/EU Chapter III – Title PROVISIONS APPLICABLE TO AUDIOVISUAL MEDIA SERVICES AND VIDEO-SHARING PLATFORMS;
Amendment 568 #
Proposal for a directive Article 1 – paragraph 1 – point 7 – introductory part Directive 2010/13/EU Article 5 (7)
Amendment 569 #
Proposal for a directive Article 1 – paragraph 1 – point 7 (7) in Article 5, point (d) is replaced by the following: (d) Member States shall ensure that audiovisual media service providers and video sharing platform under their jurisdiction shall make easily and effectively accessible to the recipients of a service at least the following information: (i) the name of the media service provider; (ii) the geographical address at which the media service provider is established; (iii) the details of the media service provider or video sharing platform, including its electronic mail address or website, which allow it to be contacted rapidly in a direct and effective manner; (iv) the Member State having jurisdiction over the media service provider
Amendment 570 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2010/13/EU Article 5 - point d a (new) (7a) The following point is added: ‘(da) the details of the media service provider's ownership structure, including information about owners with the most significant share in the provider.’
Amendment 571 #
Proposal for a directive Article 1 – paragraph 1 – point 8 – introductory part Directive 2010/13/EU Article 6 (8) Article 6 is
Amendment 572 #
Proposal for a directive Article 1 – paragraph 1 – point 8 – introductory part Directive 2010/13/EU Article 6 (8) Article 6 is
Amendment 573 #
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, racial or ethnic origin, religion or belief, disability, age or sexual orientation, while fully protecting freedom of expression as set out in the Universal Declaration of Human Rights, the UN Human Rights Council resolution of 1 July 2016 on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20) and, subsidiarily, as set out in Article 11 of the Charter of Fundamental Rights of the European Union.;
Amendment 574 #
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, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 575 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation
Amendment 576 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 – paragraph 1 Member States shall ensure by appropriate means that audiovisual media services provided by media service providers and video-sharing platform services 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, language, disability, age or sexual orientation.
Amendment 577 #
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 or video sharing platforms under their jurisdiction do not contain any incitement to violence or hatred, in particular when directed against a group of persons or a member of such a group
Amendment 578 #
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, racial or ethnic origin, religion or belief, disability, age, or sexual orientation
Amendment 579 #
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 580 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a Amendment 581 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a Amendment 582 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a Amendment 583 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a - paragraph 1 1. Member States shall
Amendment 584 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers
Amendment 585 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers and video-sharing platform services provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 586 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States
Amendment 587 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a - paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 588 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 589 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 590 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 591 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 2 2.
Amendment 592 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 2 2. For the implementation of this Article,
Amendment 593 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a - paragraph 2 2. For the implementation of this Article, Member States
Amendment 594 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 3 Amendment 595 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 3 3. The Member States, Commission and ERGA shall encourage media service providers to exchange best practices on co- regulatory systems across the Member States of the Union. Where appropriate, the
Amendment 596 #
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. Where
Amendment 597 #
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 598 #
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 and video-sharing platform services to exchange best practices on co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of
Amendment 599 #
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. Where appropriate, the Commission shall facilitate the development of Union codes of conduct, based on best practices in Member States.
Amendment 600 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 Amendment 601 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 Amendment 602 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 603 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 604 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 605 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 606 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 607 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 608 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 609 #
Proposal for a directive Article 1 – paragraph 1 – point 10 (10) Article 7 is
Amendment 610 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 611 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 612 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 613 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 614 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 10. Article 7 is
Amendment 615 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 7 a (new) (10a) The following article is inserted: 'Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.';
Amendment 616 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 7 a (new) (10a) The following article is inserted: 'Article 7a 1. Member States shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with a visual or hearing disability by means of sign language, subtitles, audio-description and easily understandable menu navigation. 2. With regard to the implementation of this Article, Member States shall encourage the development of self- and co-regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices on self-regulatory systems across the Union. 3. By ... [three years after the entry into force of this Directive] and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Article.';
Amendment 617 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 7 a (new) (10a) The following article is inserted: 'Article 7a 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.';
Amendment 618 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 8 (10a) Article is replaced by the following: ‘Article 8 Member States shall ensure that media service providers under their jurisdiction do not transmit
Amendment 619 #
Proposal for a directive Article 1 – paragraph 1 – point 10 a (new) Directive 2010/13/EU Article 8 Amendment 620 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/13/EU Article 9 Amendment 621 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – introductory part Directive 2010/13/EU Article 9 (11) Article 9 is
Amendment 622 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a (new) Amendment 623 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point a (-aa) In paragraph 1, point a is replaced by the following: (a) audiovisual commercial communications shall be readily recognisable as such
Amendment 624 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a b (new) Directive 2010/13/EU Article 9 – paragraph 1 – point c – point ii (-ab) In point c of paragraph 1, point ii is replaced by the following: (ii) include, tolerate or promote any discrimination
Amendment 625 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a c (new) Directive 2010/13/EU Article 9 – paragraph 1 – point c – point iv (-ac) In point c of paragraph 1, point iv is replaced by the following: (iv) encourage behaviour
Amendment 626 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a d (new) Directive 2010/13/EU Article 9 – paragraph 1 – point c – point iv a (new) Amendment 627 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a e (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e (-ae)
Amendment 628 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a f (new) (-af) In paragraph 1, point f is replaced by the following: (f) audiovisual commercial communication for medicinal products and medical treatment
Amendment 629 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a g (new) Directive 2010/13/EU Article 9 – paragraph 1 – point g (
Amendment 630 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a h (new) Directive 2010/13/EU Article 9 – paragraph 1 – point g a (new) Amendment 631 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a i (new) Directive 2010/13/EU Article 9 – paragraph 1 – point g b (new) Amendment 632 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Amendment 633 #
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 sh
Amendment 634 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Member States
Amendment 635 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 –– subparagraph 1 "2. Member States and subsidiarily the Commission
Amendment 636 #
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
Amendment 637 #
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 638 #
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 639 #
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
Amendment 640 #
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
Amendment 641 #
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
Amendment 642 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point –a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point a (-a) In paragraph 1, point a is replaced by the following: (a) audiovisual commercial
Amendment 643 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Amendment 644 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Those
Amendment 645 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Amendment 646 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 Amendment 647 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Member States, Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate,
Amendment 648 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall encourage the exchange of best practices
Amendment 649 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall encourage the exchange of best practices on
Amendment 650 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010/13/EU Article 9 – paragraph 2 a (new) Amendment 651 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e (-a) In paragraph 1, point e is replaced by the 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 652 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 Amendment 653 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 3. Member States
Amendment 654 #
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 655 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b 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 656 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union
Amendment 657 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Member States, Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union.
Amendment 658 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union.
Amendment 659 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on
Amendment 660 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e (-a) In paragraph 1, point e is replaced by the following: (e) audiovisual commercial communications for alcoholic beverages shall not be
Amendment 661 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b a (new) (ba) The following paragraph is added: ‘4a. Member States and the Commission shall effectively prevent and minimise the exposure of children and minors to audiovisual commercial communications for alcoholic beverages in television broadcasts, on-demand audiovisual media services and video- sharing platform services. To that end, no such audiovisual commercial communications shall be broadcast in the Union between 07:00 and 23:00. Member States and the Commission shall further prevent and minimise the exposure of children and minors to such commercial communications by introducing legislation or encouraging the development of co-regulatory codes of conduct.';
Amendment 662 #
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 measures ensuring the non- discriminatory 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 663 #
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 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, cultural diversity and equality between women and men clearly defined by Member States in accordance with Union law. Member States may require providers of audiovisual media services which target audiences in their territories but are established in another Member State to adopt to those measures.’;
Amendment 664 #
Proposal for a directive Article 1 – paragraph 1 – point 11 a (new) Directive 2010/13/EU Article 9 b (new) (11a) The following article is inserted: 'Article 9b Member States shall ensure that the programmes and services of media service providers are not modified without their explicit consent except for services initiated by the recipient of a service for private use.';
Amendment 665 #
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 and that cannot enjoy the copyright exception do not modify the programmes and services of media service providers concerned without their explicit consent.'
Amendment 666 #
Proposal for a directive Article 1 – paragraph 1 – point 12 – introductory part Directive 2010/13/EU Article 10 (12)
Amendment 667 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/13/EU Article 10 – paragraph 1 – point b Amendment 668 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/13/EU Article 10 – paragraph 1 – point b (b)
Amendment 669 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/13/EU Article 10 – paragraph 1 – point b (b) they shall not directly encourage the purchase or rental of goods or services
Amendment 670 #
Proposal for a directive Article 1 – paragraph 1 – point 12 (b) they shall not
Amendment 671 #
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 672 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 2 – point b a (new) (12a) In Article 10, the following point is inserted: ‘(ba) audiovisual media services, user- generated videos or programmes should not be sponsored by undertakings whose principal activity is the manufacture or sale of alcoholic beverages;’
Amendment 673 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 1 – point b a (new) (12a) In Article 10, the following point is inserted: ‘(ba) their content shall not mislead or deceive viewers by using surreptitious commercial communications or subliminal techniques;’
Amendment 674 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 1 – point b a (new) (12a) In Article 10, the following point is inserted: ‘(ba) Audiovisual media services, video- sharing platform services, user-generated videos or programmes should not be sponsored by referencing food and non- alcoholic beverages high in fat, trans fatty acids, salt or sodium and sugars. The WHO Regional Office for Europe's nutrient profile model shall be used to differentiate foods and non-alcoholic beverages on the basis of their nutritional composition.’
Amendment 675 #
Proposal for a directive Article 1 – paragraph 1 – point 12 b (new) Directive 2010/13/EU Article 10 – paragraph 1 – point c (12b) In Article 10, paragraph 1, point c is replaced by the following: "(c) viewers shall be clearly, properly and effectively informed of the existence of a sponsorship agreement. Sponsored programmes shall be clearly, properly and effectively identified as such by the name, logo, symbol and/or any other
Amendment 676 #
Proposal for a directive Article 1 – paragraph 1 – point 12 c (new) Directive 2010/13/EU Article 10 – paragraph 2 Amendment 677 #
Proposal for a directive Article 1 – paragraph 1 – point 12 c (new) Directive 2010/13/EU Article 10 – paragraph 3 Amendment 678 #
Proposal for a directive Article 1 – paragraph 1 – point 12 e (new) Directive 2010/13/EU Article 10 – paragraph 4 Amendment 679 #
Proposal for a directive Article 1 – paragraph 1 – point 12 f (new) Directive 2010/13/EU Article 10 a (new) (12f) The following article is inserted: ‘Article 10a Branded entertainment shall be subject to the rules laid down in Articles 9 and 10.';
Amendment 680 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 Amendment 681 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 Amendment 682 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 2.
Amendment 683 #
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 children's programmes, w
Amendment 684 #
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 programmes
Amendment 685 #
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 686 #
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 687 #
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 688 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – point a (a) their content and
Amendment 689 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – point b Amendment 690 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – point b (b) they shall not directly encourage the purchase or rental of goods or services in particular by making special promotional references to those goods or services;
Amendment 691 #
Proposal for a directive Article 1 – paragraph 1 – point 13 (b) they shall not
Amendment 692 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – point b a (new) ‘(ba) they shall not give undue prominence to the product in question;'
Amendment 693 #
Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 2 The derogation provided for in point (a) shall not apply
Amendment 694 #
Proposal for a directive Article 1 – paragraph 1 – point 13 b (new) Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 4 Amendment 695 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 3 Amendment 696 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 3 Amendment 697 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 Amendment 698 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point a Amendment 699 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point b Amendment 700 #
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 701 #
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 702 #
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;'
Amendment 703 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point b b (new) ‘(bb) foods and non-alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars.’
Amendment 704 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 a (new) 4a. Member States shall ensure that media providers’ programmes and services are not modified without their consent, such as through ‘cover-up’ advertising or similar practices.
Amendment 705 #
Proposal for a directive Article 1 – paragraph 1 – point 14 – introductory part Directive 2010/13/EU Article 12 (14) Article 12 is
Amendment 706 #
Proposal for a directive Article 1 – paragraph 1 – point 14 – introductory part Directive 2010/13/EU Article 12 (14) Article 12 is
Amendment 707 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 1 Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service. For the implementation of paragraph 1, Member States shall encourage co-regulation. The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where this results in the recognition of common approaches, the Commission shall consider facilitating the development of Union codes of conduct, in accordance with the principles of subsidiarity and proportionality. 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 are only made available in such a way as to ensure that
Amendment 708 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph -1 (new) Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.
Amendment 709 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – 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 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. When such programmes are broadcast in unencoded form Member States shall ensure that they are proceeded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.
Amendment 710 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 1 Member States shall take all the necessary and appropriate measures to ensure that programmes provided by audiovisual media service providers and video-sharing platform providers under their jurisdiction, which m
Amendment 711 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – 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
Amendment 712 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – 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
Amendment 713 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – 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
Amendment 714 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 2 Amendment 715 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 2 The most harmful content, such as gratuitous violence
Amendment 716 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – 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 717 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 2 a (new) Member States shall ensure that the measures implemented to protect minors from content that may impair their physical or mental development are necessary and proportionate and fully respect the obligations of the Charter of Fundamental Rights, in particular Title III and Article 52 thereof.
Amendment 718 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 1 a (new) 1a. In any case, Member States shall define a precise set of safeguard measures aiming at protecting viewers according to consumer and civic constitutional rights and Article 2 and 3 of TEU.
Amendment 719 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Amendment 720 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 Amendment 721 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Amendment 722 #
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 723 #
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 724 #
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 725 #
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 726 #
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 727 #
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 728 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States sh
Amendment 729 #
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 20% share of European works in their catalogue and ensure prominence of these works in terms of their visibility and accessibility.
Amendment 730 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States
Amendment 731 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that, where practical and by appropriate means, providers of on-demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue
Amendment 732 #
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 20% share of European works in their catalogue
Amendment 733 #
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 734 #
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
Amendment 735 #
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
Amendment 736 #
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
Amendment 737 #
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 738 #
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
Amendment 739 #
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
Amendment 740 #
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
Amendment 741 #
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. Furthermore, those service providers must take into account the cultural and linguistic diversity of the territory in which they provide their service, or at which their service is aimed. 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
Amendment 742 #
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, taking into account the cultural and linguistic diversity of the territorial area in which they are located or are conducting their service, 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
Amendment 743 #
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 national and 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 744 #
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 745 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 2 2. Member States
Amendment 746 #
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 not established
Amendment 747 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 2 a (new) 2a. Member States shall ensure that providers of on-demand audiovisual media ensure the prominence of European works in their catalogues. This could take the form of: (a) a section accessible straight from the home page which is devoted to European works; (b) a minimum number or percentage of European works available on the home page; (c) the promotion of such works by means of recommendation and promotion tools or services available as part of the on-demand audiovisual media services. Member States may require providers of on-demand audiovisual media services which are established in another Member State but target audiences on their territory to apply the measures for ensuring the visibility of European audiovisual works as laid down in the Member State targeted.
Amendment 748 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 2 a (new) ‘2a. On-demand audiovisual media service providers should make European works clearly visible in their selective catalogue offers.’
Amendment 749 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 3 3. Member States shall
Amendment 750 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 4 4. The Commission shall, on the basis of the information provided by Member States and
Amendment 751 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 4 a (new) 4a. The Commission shall ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe to support the circulation of creative content across borders, including improvement of the digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 752 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 5 5. Member States
Amendment 753 #
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 paragraph
Amendment 754 #
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 755 #
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 may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the
Amendment 756 #
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 may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the
Amendment 757 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 14 – paragraph 1 (15a) In Article 14, paragraph 1 is replaced by the following: 1. Each Member State may take measures in accordance with Union law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free
Amendment 758 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 16 – paragraph 2 a (new) (15a) In Article 16, the following paragraph is inserted: ‘2a. Member States may require broadcasters 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 broadcasters, 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 broadcaster 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 759 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 14 – paragraph 1 Amendment 760 #
Proposal for a directive Article 1 – paragraph 1 – point 15 b (new) Directive 2010/13/EU Article 14 – paragraph 1 a (new) Amendment 761 #
Proposal for a directive Article 1 – paragraph 1 – point 15 c (new) Directive 2010/13/EU Article 14 – paragraph 1 b (new) Amendment 762 #
Proposal for a directive Article 1 – paragraph 1 – point 15 d (new) Directive 2010/13/EU Article 14 – paragraph 3 (15d) Article 14, paragraph 3, is replaced by the following: 3. Member States shall ensure, by appropriate means within the framework of their legislation, that broadcasters under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters after 18 December 2007 in such a way that a substantial proportion of the public in another Member State is deprived of the possibility of following events which are designated by that other Member State in accordance with
Amendment 763 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 14 – paragraph 1 (15a) In Article 14, paragraph 1 is replaced by the following: 1. Each Member State may take measures in accordance with Union law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free television. Member States shall also require broadcasters under its jurisdiction to broadcast these events of major importance for society in an accessible way for those with functional limitations, including persons with disabilities. If it does so, the Member State concerned shall draw up a list of designated events, national or non-national, which it considers to be of major importance for society. It shall do so in a clear and transparent manner in due time. In so doing the Member State concerned shall also determine whether these events should be available by whole or partial live coverage or, where necessary or
Amendment 764 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 4 – paragraph 1 (15a) In Article 14, paragraph 1 is replaced by the following: 1. Each Member State may take measures in accordance with
Amendment 765 #
Proposal for a directive Article 1 – paragraph 1 – point 15 b (new) Directive 2010/13/EU Article 4 – paragraph 2 (15b) In Article 14, paragraph 2 is replaced by the following: 2. Member States shall immediately notify to the Commission any measures taken or to be taken pursuant to paragraph 1. Within a period of
Amendment 766 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/13/EU Article 19 – paragraph 2 Amendment 767 #
Proposal for a directive Article 1 – paragraph 1 – point 15 b (new) Directive 2010/13/EU Article 15 – paragraph 2 – paragraph 3 Amendment 768 #
Proposal for a directive Article 1 – paragraph 1 – point 15 c (new) Directive 2010/13/EU Article 15 – paragraph 2 – paragraph 6 a (new) Amendment 769 #
Proposal for a directive Article 1 – paragraph 1 – point 15 c (new) Directive 2010/13/EU Article 16 – paragraph 1 (15c) In Article 16, paragraph 1 is replaced by the following: 1. Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve for quality European works a
Amendment 770 #
Proposal for a directive Article 1 – paragraph 1 – point 15 b (new) Directive 2010/13/EU Article 16 a (new) (15b) The following article is inserted: ‘Article 16a National regulatory authority of the Member State where the media service provider is established shall provide any necessary information, which is necessary to apply Article 13 paragraph 2 and Article 16 paragraph 2a, to national regulatory authority of targeted Member State on its request.’
Amendment 771 #
Proposal for a directive Article 1 – paragraph 1 – point 15 b (new) Directive 2010/13/EU Article 17 (15b) Article 17 is replaced by the following: ‘Article 17 Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least 10 % of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternately, at the discretion of the Member State, at least 10 % of their programming budget, for European works created by producers who are independent of broadcasters. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria, which shall include the provision of access services for those European works. It must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within 5 years of their production.’
Amendment 772 #
Proposal for a directive Article 1 – paragraph 1 – point 15 d (new) Directive 2010/13/EU Article 17 (15d) Article 17 is replaced by the following: ‘Article 17 Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least
Amendment 773 #
Proposal for a directive Article 1 – paragraph 1 – point 15 e (new) Directive 2010/13/EU Article 19 – paragraph 1 (15e) In Article 19, paragraph 1 is replaced by the following: 1. Television advertising and teleshopping shall be readily and effectively recognisable and distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be kept
Amendment 774 #
Proposal for a directive Article 1 – paragraph 1 – point 15 f (new) Directive 2010/13/EU Article 19 – paragraph 2 (15f) In Article 19, paragraph 2 is replaced by the following: 2. Isolated advertising and teleshopping spots, other than in transmissions of sports events, shall remain the exception
Amendment 775 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 776 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 777 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 778 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 779 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 (16) In Article 20, paragraph 2,
Amendment 780 #
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 781 #
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, excluding children’s films and those with a large child audience, and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 20 minutes.”;
Amendment 782 #
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
Amendment 783 #
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 784 #
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 785 #
Proposal for a directive Article 1 – paragraph 1 – point 16 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 786 #
Proposal for a directive Article 1 – paragraph 1 – point 16 a (new) Directive 2010/13/EU Article 21 Amendment 787 #
Proposal for a directive Article 1 – paragraph 1 – point 16 a (new) Directive 2010/13/EU Article 22 – paragraph 1 – introductory part (16a) In Article 22 (1), the introductory part, is replaced by the following: Television advertising and teleshopping for alcoholic and high caffeine content beverages shall comply with the following criteria:
Amendment 788 #
Proposal for a directive Article 1 – paragraph 1 – point 16 b (new) Directive 2010/13/EU Article 22 – paragraph 1 – point b (16b) In Article 22 (1), point b, is replaced by the following: (b) it shall not link the consumption of alcohol or high caffeine content to enhanced physical performance or to driving;
Amendment 789 #
Proposal for a directive Article 1 – paragraph 1 – point 16 c (new) Directive 2010/13/EU Article 22 – paragraph 1 – point c (16c) In Article 22 (1), point c, is replaced by the following: (c) it shall not create the impression that the consumption of alcohol or high caffeine content contributes towards social or sexual success;
Amendment 790 #
Proposal for a directive Article 1 – paragraph 1 – point 16 d (new) Directive 2010/13/EU Article 22 – paragraph 1 – point d (16d) In Article 22 (1), point d, is replaced by the following: (d) it shall not claim that alcohol or high caffeine content has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
Amendment 791 #
Proposal for a directive Article 1 – paragraph 1 – point 16 e (new) Directive 2010/13/EU Article 22 – paragraph 1 – point e (16e) In Article 22 (1), point e, is replaced by the following: (e) it shall not encourage immoderate consumption of alcohol or high caffeine content or present abstinence or moderation in a negative light;
Amendment 792 #
Proposal for a directive Article 1 – paragraph 1 – point 16 f (new) Directive 2010/13/EU Article 22 – paragraph 1 – point f Amendment 793 #
Proposal for a directive Article 1 – paragraph 1 – point 16 b (new) Directive 2010/13/EU Article 22 – paragraph 1 – introductory part Amendment 794 #
Proposal for a directive Article 1 – paragraph 1 – point 16 c (new) Directive 2010/13/EU Article 22 – paragraph 1 – point a Amendment 795 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 Amendment 796 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1.
Amendment 797 #
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 2
Amendment 798 #
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 2
Amendment 799 #
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 %. The proportion of television advertising spots and teleshopping spots within the period between 19:00 and 23:00 shall not exceed 20%.
Amendment 800 #
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
Amendment 801 #
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 802 #
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
Amendment 803 #
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
Amendment 804 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 805 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 806 #
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 2
Amendment 807 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 808 #
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 809 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 810 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 811 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 812 #
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 813 #
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
Amendment 814 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 – point a (new) ‘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 815 #
Proposal for a directive Article 1 – paragraph 1 – point 17 ‘1a. In the prime time period of the maximum length of 3 hours within the daily programming the proportion of television advertising spots shall not exceed the maximum of 20 % of all the daily proportion of television advertising spots and teleshopping spots.’
Amendment 816 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 b (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 817 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 Amendment 818 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 Amendment 819 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Amendment 820 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 (a) self-promotion and transpromotional announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or
Amendment 821 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point a (a) self-promotional and cross- promotional announcements made by the broadcaster in connection with its own programmes, audiovisual services and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group;
Amendment 822 #
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 823 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point b Amendment 824 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point b Amendment 825 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point b Amendment 826 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c Amendment 827 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c Amendment 828 #
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 829 #
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.’
Amendment 830 #
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 and charity appeals.”;
Amendment 831 #
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 832 #
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 advertising spots.”;
Amendment 833 #
Proposal for a directive Article 1 – paragraph 1 – point 17 a (new) Directive 2010/13/EU Article 24 Amendment 834 #
Proposal for a directive Article 1 – paragraph 1 – point 17 b (new) Directive 2010/13/EU Article 26 (17b) Article 26 is replaced by the following: Without prejudice to Article 4, Member States may, with due regard for Union law, lay down stricter conditions
Amendment 835 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2010/13/EU Chapter VIII Amendment 836 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Chapter IX a (new) (19)
Amendment 837 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Chapter IX a (new) – title PROVISIONS APPLICABLE ONLY TO VIDEO-
Amendment 838 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a Amendment 839 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a Amendment 840 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 Amendment 841 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part Amendment 842 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing
Amendment 843 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, the European Commission and Member States shall ensure that video-sharing platform providers take appropriate measures to:
Amendment 844 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing platform providers take appropriate real and effective measures to:
Amendment 845 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall en
Amendment 846 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – introductory part 1.
Amendment 847 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 848 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a - paragraph 1 - point a (a)
Amendment 849 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 – paragraph 1 – point a (a) protect minors from content which may impair their physical, mental or moral development or the physical, mental or moral integrity of elderly people and vulnerable categories, according to Articles 6 a and 12;
Amendment 850 #
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 851 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 852 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 853 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 854 #
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, colour, religion, descent or national or ethnic origin, while fully protecting freedom of expression as set out in the Universal Declaration of Human Rights and the UN Human Rights Council resolution of 1 July 2016 on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20) and, subsidiarily, as set out in Article 11 of the Charter of Fundamental Rights of the European Union.
Amendment 855 #
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 audiovisual commercial communications offending against human dignity and containing incitement to violence or hatred
Amendment 856 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a - paragraph 1 - point b (b) Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure by appropriate measures that video-sharing platform providers do not allow nor tolerate any harmful content on their platforms to protect all citizens from content containing incitement to violence or hatred
Amendment 857 #
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
Amendment 858 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b (b)
Amendment 859 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 – paragraph 1 – point b (b) protect all citizens from content containing incitement to violence or hatred, in particular when directed against a group of persons or a member of such a group
Amendment 860 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b (b)
Amendment 861 #
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, colour, religion or belief, descent or national or ethnic origin, disability, age or sexual orientation.
Amendment 862 #
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, colour, religion or belief, sexual orientation, gender identity, descent or national or ethnic origin.
Amendment 863 #
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, disability, race, colour, religion, descent or national or ethnic origin.
Amendment 864 #
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, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 865 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 – paragraph 1 – point b a (new) ‘(ba) make their platform accessible in a consistent and adequate way for users' perception, operation and understanding, and in such a way that facilitates interoperability. Video-sharing platform providers shall facilitate the necessary authoring tools for users to create and share accessible content. In this regard, Member States shall lay down specific rules addressed to subjects in charge of public service obligations.’
Amendment 866 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b a (new) ‘(ba) address cyber bullying, stigmatisation, deliberate and continuous persecution and all other forms of online violence and discrimination directed against a person or a group of persons;’
Amendment 867 #
Proposal for a directive Article 1 – paragraph 1 – point 19 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 868 #
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 audiovisual commercial communications which might impair their physical, mental, or moral development.
Amendment 869 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a - paragraph 1 a (new) (19) The following paragraph is inserted: ‘1a. Member States shall take appropriate measures to ensure that programmes provided by video-sharing platform providers under their jurisdiction, which 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. Such measures may include age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls.’
Amendment 870 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 Amendment 871 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 1 Amendment 872 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 1 What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications, the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest, including the protection of freedom of expression and information. Restrictive measures implemented by providers of video-sharing platforms that are not specifically required by national law shall only be permitted if procedural rules provide a possibility for internet users to assert their rights before a relevant public authority once the implementing measures taken by the internet service provider are known.
Amendment 873 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 874 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 – paragraph 2 – subparagraph 1 What constitutes an appropriate measure
Amendment 875 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 1 What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications, the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest, the protection of freedom of expression and information.
Amendment 876 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 1 What constitutes an appropriate measure for the purposes of paragraphs 1 and 2 shall be determined by the Member States having jurisdiction over video-sharing platform providers 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.
Amendment 877 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 as well as the protection of freedom of expression and information.
Amendment 878 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 a – subparagraph 1 a (new) 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 879 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 Amendment 880 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 Amendment 881 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – introductory part Amendment 882 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – introductory part Those measures
Amendment 883 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – introductory part Those measures
Amendment 884 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a Amendment 885 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a)
Amendment 886 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a)
Amendment 887 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a) defining and applying the rights and duties of users in the terms and conditions of the video-sharing platform providers
Amendment 888 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a)
Amendment 889 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 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 890 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b Amendment 891 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b (b) establishing and operating transparent mechanisms for users of video-sharing platforms to report or flag to the video-
Amendment 892 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 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 893 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b a (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 894 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b a (new) (ba) establishing and operating systems through which providers of video-sharing platforms explain to users of video- sharing platforms what effect has been given to the reporting and flagging referred to in point (b);
Amendment 895 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point c Amendment 896 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 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 897 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU (Audiovisual Media Services Directive) Article 28 a – paragraph 2 – subparagraph 2 – point c (c) establishing and operating age verification systems for users of video- sharing platforms with respect to content which may impair the physical
Amendment 898 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point d Amendment 899 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e Amendment 900 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e Amendment 901 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e (e) providing for parental control systems with respect to content which may impair the physical
Amendment 902 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point f Amendment 903 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point f Amendment 904 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point f (f) establishing and operating
Amendment 905 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point f (f) establishing and operating systems through which providers of video-sharing platforms explain to users of video-sharing platforms the validity of and what effect has been given to the reporting and flagging referred to in point (b).
Amendment 906 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point f (f) establishing and operating systems th
Amendment 907 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 a (new) 2a. 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.
Amendment 908 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 Amendment 909 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2,
Amendment 910 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the
Amendment 911 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, without prejudice to the adoption of regulatory measures, Member States
Amendment 912 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States
Amendment 913 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage
Amendment 914 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 a (new) 3a. Member States shall ensure that video-sharing platform providers conduct and publish regular audits of their performance in accordance with the code of conduct referred to in paragraph 1.
Amendment 915 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Amendment 916 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States, in cooperation with the Commission and ERGA, shall facilitate the development of a Union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points (a) and (b) of paragraph 1 of this Article, in accordance with 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 of this Article taken by video-
Amendment 917 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall, in cooperation with the Commission and ERGA, establish the necessary mechanisms to regularly assess the
Amendment 918 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to
Amendment 919 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30 and shall give them effective powers in the event and to the extent that self- or co- regulation is not effective.
Amendment 920 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the
Amendment 921 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a - 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 922 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the
Amendment 923 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 Amendment 924 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 Amendment 925 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 Amendment 926 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13EU Article 28 a – paragraph 5 5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content, provided that any measure taken, for the purpose of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 927 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/E Article 28 a – paragraph 5 5.
Amendment 928 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5.
Amendment 929 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2.
Amendment 930 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States shall not
Amendment 931 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States shall not
Amendment 932 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States
Amendment 933 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 6 Amendment 934 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 6 Amendment 935 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 6 6. Member States shall
Amendment 936 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 937 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 938 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 Amendment 939 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 7. The Member States, the Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co-
Amendment 940 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct. The Commission shall publish these best practices in an effectively and easily accessible manner.
Amendment 941 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 7. The Commission and ERGA shall encourage audiovisual media service providers such as video-sharing platform providers to exchange best practices on co- regulatory systems across the Union.
Amendment 942 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of voluntary Union codes of conduct.
Amendment 943 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 Amendment 944 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 Amendment 945 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 8.
Amendment 946 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft
Amendment 947 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the
Amendment 948 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 949 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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 95 #
Draft legislative resolution Citation 3 a (new) - having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,
Amendment 950 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – 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
Amendment 951 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 a (new) 8a. Member States shall ensure that video-sharing platform providers take on the same obligations as media service providers, in accordance with the provisions laid down in Articles 9-11 for audiovisual commercial communications made available on their platform, given that: – they are based on an economic model that is similar to that of audiovisual media service providers, – they are involved in the sale and placement of audiovisual commercial communications – or share in the resultant operating income.
Amendment 952 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a - paragraph 8 a (new) 8a. To the extent that video-sharing platform providers are involved in the sale or placement of audiovisual commercial communications, Member States shall ensure that they assume the same obligations as media service providers with regard to the requirements of Articles 9 to 11 for audiovisual commercial communications, sponsoring and product placement made available on their platform.
Amendment 953 #
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 954 #
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 audiovisual media service providers such as video-
Amendment 955 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 1 – subparagraph 2 Amendment 956 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 1 – subparagraph 3 Amendment 957 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 1 – subparagraph 3 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, the Member States
Amendment 958 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 1– subparagraph 3 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 959 #
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 on their territory and the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities
Amendment 96 #
Draft legislative resolution Citation 3 a (new) - having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 7, 10, 11, 21, 24, 26 and 52 thereof,
Amendment 960 #
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 o
Amendment 961 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 b – 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 962 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) Directive 2010/13/EU Article 28 b a (new) (19a) The following article is inserted: ‘Article 28ba Member States shall ensure that audiovisual video-sharing platform providers under their jurisdiction shall make easily, directly and permanently accessible to the recipients of a service at least the following information: (a) the name of the video-sharing platform provider; (b) the geographical address at which the video-sharing platform provider is established; (c) the details of the video-sharing platform, including its electronic mail address or website, which allow it to be contacted rapidly in a direct and effective manner; (d) the Member State having jurisdiction over the video-sharing platform providers and the competent regulatory authorities or supervisory bodies; (e) the details of the video-sharing platform provider's ownership structure, including information about owners with the most significant share in the provider.’
Amendment 963 #
Proposal for a directive Article 1 – paragraph 1 – point 19 b (new) Directive 2010/13/EU Article 28 b b (new) (19b) The following article is inserted: ‘Article 28bb Member States shall ensure that audiovisual commercial communications provided by video-sharing platform providers under their jurisdiction comply with the requirements set in Article 9 paragraph 1, Article 10 and Article 11.’
Amendment 964 #
Proposal for a directive Article 1 – paragraph 1 – point 19 c (new) Directive 2010/13/EU Article 28 b c (new) (19c) The following article is inserted: ‘Article 28bc 1. Member States shall ensure that video-sharing platform services provided by video-sharing platform providers under their jurisdiction promote, where practicable and by appropriate means access to European works. Such promotion could relate, inter alia to the share and/or prominence of European works in the catalogue of programmes offered by the video-sharing platform service. 2. Member States shall report to the Commission no later [date –no later than three years after adoption] and every 4 years thereafter on the implementation of paragraph 1. 3. The Commission shall, on the basis of the information provided by Member States and of an independent study, report to the European Parliament and to the Council on the application of paragraph 1, taking into account the market and technological developments and the objective of cultural diversity.’
Amendment 965 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) Directive 2010/13/EU Article 29 – paragraph 2 – point a (19a) In Article 29 (2) point a is replaced by the following: (a) to facilitate effective implementation of this Directive through regular consultation on any practical problems arising from its application, and particularly from the application of Article 2
Amendment 966 #
Proposal for a directive Article 1 – paragraph 1 – point 19 b (new) Directive 2010/13/EU Article 29 – paragraph 2 – point b (19b)
Amendment 967 #
Proposal for a directive Article 1 – paragraph 1 – point 19 c (new) Directive 2010/13/EU Article 29 – paragraph 2 – point d (19c) In Article 29 (2), point d is replaced by the following: (d) to discuss the outcome of regular consultations which the Commission holds with
Amendment 968 #
Proposal for a directive Article 1 – paragraph 1 – point 19 d (new) Directive 2010/13/EU Article 29 – paragraph 2 – point e (19d) In Article 29 (2), point e is replaced by the following: (e) to facilitate the exchange of information between the Member States and the Commission on the situation and the development of regulatory activities regarding audiovisual media services
Amendment 969 #
Proposal for a directive Article 1 – paragraph 1 – point 19 e (new) Directive 2010/13/EU Article 29 – paragraph 2 – point f (
Amendment 97 #
Draft legislative resolution Citation 3 b (new) - having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 970 #
Proposal for a directive Article 1 – paragraph 1 – point 19 f (new) Directive 2010/13/EU Article 29 – paragraph 2 a (new) Amendment 971 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) Directive 2010/13/EU Article 29 – paragraph 1 Amendment 972 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) Directive 2010/13/EU Article 29 – paragraph 2 – point f (
Amendment 973 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) (19a) In Article 29, paragraph 1 is replaced by the following: "1. A contact committee is established under the aegis of the Commission. It shall be composed of representatives of the competent authorities of the Member States. It shall be chaired by a representative of the Commission and meet either on his initiative or at the request of the delegation of a Member State.
Amendment 974 #
Proposal for a directive Article 1 – paragraph 1 – point 20 Directive 2010/13/EU Chapter XI – title REGULATORY AUTHORITIES AND BODIES OF THE MEMBER STATES;
Amendment 975 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 Amendment 976 #
Proposal for a directive Article 1 – paragraph 1 – point 21 1. Each Member State
Amendment 977 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory
Amendment 978 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities in order to monitor the correct implementation of this Directive. Member States shall ensure that they are legally distinct and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 979 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory bodies and authorities. Member States shall ensure that they are legally
Amendment 98 #
Draft legislative resolution Citation 5 a (new) - having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 980 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally independent
Amendment 981 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct from the government and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 982 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 - paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally and effectively independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 983 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 a (new) 1a. Member States shall ensure that the nomination process of the Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority is transparent and guarantees the requisite degree of independence for the fulfilment of its functions.
Amendment 984 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection, accessibility of the audiovisual services, internal market and the promotion of fair competition. National regulatory bodies can be entrusted as an additional point of complaints for recipients of a service.
Amendment 985 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that independent national regulatory authorities or equivalent public bodies exercise their
Amendment 986 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection, internal market and the promotion of fair competition. Member States may entrust national regulatory authorities with additional powers, if they deem it necessary, in accordance with those objectives.
Amendment 987 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection,
Amendment 988 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2– subparagraph 1 Member States shall ensure that national regulatory bodies and authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural
Amendment 989 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism,
Amendment 99 #
Draft legislative resolution Citation 5 b (new) - having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 990 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, non-discrimination, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 991 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 2 Amendment 992 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 2 National regulatory authorities shall not seek or take instructions from any other body, public or private, in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law.
Amendment 993 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 a (new) ‘2a. Members of independent national regulatory authorities or equivalent public bodies shall be publicly selected amongst the persons with objectively demonstrated high professional experience and competence in the field. They shall not have held government office, elective office at any level, assignments or any other office in political parties, during the seven years prior to the appointment. Members of independent national regulatory authorities shall not engage, directly or indirectly, during their term of office, in any occupation or consulting activity, serve as directors or employees of public or private entities, hold public offices of any kind or have direct or indirect interests, in companies operating in the same field of expertise of the national regulatory authority.’
Amendment 994 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 3 3. The competences
Amendment 995 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 4. Where Member States
Amendment 996 #
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 authorities designate a single and publicly available point-of- contact for information and complaints about the accessibility issues referred to in article 7. This point-of-contact shall be entitled to: (i) raise awareness on viewers' rights in regards to accessibility; (ii) conduct surveys and consultations to monitor the compliance of accessibility requirements; (iii) issue recommendations to audiovisual media service providers to improve the quality of their access services; (iv) adopt standards, where available, to ensure the interoperability of television services and equipment enabling users to receive, decode and display access services for persons with disabilities, and to mandate the use of such standards. Organisations representing persons with disabilities, audiovisual media service providers and equipment manufacturers should be consulted in determining any equipment standards; (v) handle viewers' complaints in regards to accessibility and carrying out its enforcement powers accordingly.’
Amendment 997 #
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 authorities shall be responsible for granting and renewing broadcasting licences. The basic conditions and criteria governing the granting and renewal of broadcasting licences shall be clearly defined by national law. The regulations governing the procedure for the granting and renewal of broadcasting licences shall be clear and precise and shall be applied in an open, transparent and impartial manner and decisions shall be made public. Calls for tenders shall also be made public and specify the conditions to be met by applicants and the content of the licence application. The criteria for specifying the total number of licenses to be granted shall be clear, transparent and reflect technological capability and progress.’
Amendment 998 #
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 999 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 b (new) ‘4b. Member States shall lay down in national law the procedure for the appointment of the head of a national regulatory authority or the members of the collegiate body fulfilling that function. Member States shall ensure that the procedure is open to all interested parties, the call for expressions of interest is made public and the requested professional requirements reflect the tasks to be performed.’
source: 589.372
2016/11/11
JURI
193 amendments...
Amendment 100 #
Proposal for a directive Recital 38 b (new) (38b) The means to achieve accessibility should include, but not be limited to, access services such as sign language interpretation, subtitling for the deaf and hard of hearing, spoken subtitles, audio- description, and easily understandable menu navigation. Audiovisual media service providers should be transparent and proactive in improving such access services for persons with disabilities and for the elderly.
Amendment 101 #
Proposal for a directive Article 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 102 #
Proposal for a directive Article 1 – point 1 – point c Directive 2010/13/EU Article 1 – paragraph 1 – point b (b) ‘programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films, videos of short duration, sports events, situation comedies, documentaries, children’s programmes and original drama that target a significant audience as mass media;
Amendment 103 #
Proposal for a directive Article 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a (ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is
Amendment 104 #
Proposal for a directive Article 1 – point 1 – point d a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point b b (new) Amendment 105 #
Proposal for a directive Article 1 – point 1 – point e Directive 2010/13/EU Article 1 – paragraph 1 – point d a (da) 'video-sharing platform provider' means the natural or legal person, without editorial responsibility, who provides a video-sharing platform service;
Amendment 106 #
Proposal for a directive Article 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' means, but is not limited to, an add-on feature of an audiovisual media service that improves the accessibility of a programme for people with functional limitations, including persons with disabilities. Access services include, but are not limited to: (i) 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; (ii) 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; (iii) spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language; (iv) 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 107 #
Proposal for a directive Article 1 – point 3 – point a Directive 2010/13/EU Article 2 – paragraph 3 – point b Amendment 108 #
Proposal for a directive Article 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a Amendment 109 #
Proposal for a directive Article 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. Member States shall
Amendment 110 #
Proposal for a directive Article 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 a 5a. ‘5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information. In accordance with the principle of transparency, the Commission shall make the list referred to in this paragraph publicly accessible.
Amendment 111 #
Proposal for a directive Article 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 b a (new) ba. The following paragraph is inserted: 5ba. The Commission shall decide on which Member State has jurisdiction within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.
Amendment 112 #
Proposal for a directive Article 1 – point 3 – point b Directive 2010/13/EU Article 2 – paragraph 5 b a (new) ba. The following paragraph is inserted: 5ba. The Commission shall decide on which Member State has jurisdiction within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.
Amendment 113 #
Proposal for a directive Article 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 1 The Commission shall, within three months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3
Amendment 114 #
Proposal for a directive Article 1 – point 4 Directive 2010/13/EU Article 3 – paragraph 4 – subparagraph 2 Where the Commission considers the notification as incomplete, it shall without delay request all necessary additional information. The Commission shall inform the Member State of the receipt of the response to that request.
Amendment 115 #
Proposal for a directive Article 1 – point 5 – point a Directive 2010/13/EU Article 4 – paragraph 1 a (new) 1a. Member States shall inform the Commission, the regulatory authorities of other Member States and ERGA about more detailed or stricter rules adopted in accordance with paragraph 1.
Amendment 116 #
Proposal for a directive Article 1 – point 5 – point a 1a. Member States shall inform European Commission, regulatory authorities of other Member States and ERGA about more detailed or stricter rules adopted in accordance with paragraph 1.
Amendment 117 #
Proposal for a directive Article 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point c (c) the Commission has decided, after having consulted
Amendment 118 #
Proposal for a directive Article 1 – point 5 – point c Directive 2010/13/EU Article 4 – paragraph 4 – point c (c) the Commission has decided
Amendment 119 #
Proposal for a directive Article 1 – point 5 – point d Directive 2010/13/EU Article 4 – paragraph 7 – subparagraph 3 Amendment 120 #
Proposal for a directive Article 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 121 #
Proposal for a directive Article 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 any other form of 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 122 #
Proposal for a directive Article 1 – point 9 Directive 2010/13/EU Article 6a Amendment 123 #
Proposal for a directive Article 1 – point 9 Directive 2010/13/EU Article 6a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 124 #
Proposal for a directive Article 1 – point 9 Directive 2010/13/EU Article 6a – paragraph 3 3. The Commission and ERGA shall
Amendment 125 #
Proposal for a directive Article 1 – point 9 a (new) Directive 2010/13/EU Article 6a a (new) (9a) the following Article 6aa is inserted: Article 6aa 1. Without prejudice to Articles 12, 13, 14 and 15 of Directive 2000/31/EC, Member States shall ensure, by appropriate means, that media service providers and video-sharing platform providers under their jurisdiction do not contain: (a) programmes and user-generated videos containing 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, descent or national origin; (b) programmes or user-generated videos which may impair the physical, mental or moral development of minors. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. This can be achieved by selecting the time of their availability, age verification tools or other technical measures. 2. What constitutes an appropriate means for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the potential 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 providers and the users having created and/or uploaded the content as well as the public interest and respect communicative freedoms. Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content. The liability regime of Articles 12, 13, 14 and 15 of Directive 2000/31/EC shall not be put at risk by such means.
Amendment 126 #
Proposal for a directive Article 1 – point 10 Directive 2010/13/EU Article 7 Amendment 127 #
Proposal for a directive Article 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 128 #
Proposal for a directive Article 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 129 #
Proposal for a directive Article 1 – point 10 a (new) Directive 2010/13/EU Article 7 a (new) (7a) The following article is inserted: "Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.";
Amendment 130 #
Proposal for a directive Article 1 – point 10 a (new) Directive 2010/13/EU Article 7 a (new) 10a) The following Article 7a is inserted: ‘Article 7a Member States shall ensure that media service providers under their jurisdiction do not restrict access to their audiovisual content from another Member State, including content provided from webpages.’
Amendment 131 #
Proposal for a directive Article 1 – point 10 b (new) Directive 2010/13/EU Article 8 a (new) 10b) The following Article 8a is inserted: 'Article 8a Member States shall ensure that media service providers under their jurisdiction do not restrict access to paid audiovisual content, including content provided from webpages, based on the country in which the card used for payment is domiciled.’
Amendment 132 #
Proposal for a directive Article 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 profile model shall be used as guidance when defining which foods and beverages can or cannot be advertised.
Amendment 133 #
Proposal for a directive Article 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 reasonable expectation of a significant
Amendment 134 #
Proposal for a directive Article 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
Amendment 135 #
Proposal for a directive Article 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Those codes
Amendment 136 #
Proposal for a directive Article 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate, and in accordance with the principles of subsidiarity and proportionality, the Commission shall consider facilitat
Amendment 137 #
Proposal for a directive Article 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall
Amendment 138 #
Proposal for a directive Article 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 139 #
Proposal for a directive Article 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 140 #
Proposal for a directive Article 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union.
Amendment 141 #
Proposal for a directive Article 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 measures ensuring the non- discriminatory 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 142 #
Proposal for a directive Article 1 – point 11 a (new) Directive 2010/13/EU Article 9 a (new) (11a) The following article is inserted : Article 9a Member States may take appropriate measures to ensure discoverability and accessibility of audiovisual media services of general interest. These measures shall be proportionate and meet general objectives such as media independence and pluralism, freedom of speech and information and cultural diversity and shall be clearly defined by Member States in accordance with Union law. Member States may require providers of audiovisual media services which target audiences in their territories but are established in another Member State to comply with those measures.
Amendment 143 #
Proposal for a directive Article 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 Amendment 144 #
Proposal for a directive Article 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 programmes with a significant children's audience, in particular children's programmes.
Amendment 145 #
Proposal for a directive Article 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 2 Amendment 146 #
Proposal for a directive Article 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point a a (new) (aa) unhealthy foods and beverages
Amendment 147 #
Proposal for a directive Article 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point a a (new) (aa) 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 148 #
Proposal for a directive Article 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 1 Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service. To achieve this, Member States shall encourage co- regulation. The Commission and ERGA shall encourage media service providers to exchange best practices on co- regulatory systems across the Union. Where this results in the recognition of common approaches, the Commission shall consider facilitating the development of Union codes of conduct, in accordance with the principles of subsidiarity and proportionality. 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 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 149 #
Proposal for a directive Article 1 – point 14 Directive 2010/13/EU Article 12 – 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 150 #
Proposal for a directive Article 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 1 Member States shall take appropriate
Amendment 151 #
Proposal for a directive Article 1 – point 14 Directive 2010/13/EU Article 12 – subparagraph 1 a (new) Member States shall ensure that the measures implemented to protect minors from content that may impair their physical or mental development are necessary and proportionate and fully respect the obligations of the Charter of Fundamental Rights, in particular Title III and Article 52 thereof.
Amendment 152 #
Proposal for a directive Article 1 – point 14 Directive 2010/13/UE Article 12 – subparagraph 2 The most harmful content, such as incitement to terrorism, gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls;
Amendment 153 #
Proposal for a directive Article 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 154 #
Proposal for a directive Article 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 1 1. Member States shall ensure that, where practical and by appropriate means, providers of on-demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in
Amendment 155 #
Proposal for a directive Article 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
Amendment 156 #
Proposal for a directive Article 1 – point 15 Directive 2010/13/EU Article 13 – paragraph 5 5. Member States
Amendment 157 #
Proposal for a directive Article 1 – point 15 a (new) Directive 2010/13/EU Article 17 a (new) 15a) The following Article 17a is inserted: 'Article 17a Member States shall ensure that their public radio and television services that offer a specific channel of programmes for viewing in another Member State or other Member States include the most popular programmes and screen them at appropriate times.’
Amendment 158 #
Proposal for a directive Article 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 159 #
Proposal for a directive Article 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 160 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 161 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 162 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The daily proportion of television advertising spots and teleshopping spots within
Amendment 163 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 164 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 – subparagraph 1 a (new) An exception to the daily proportion of television advertising spots and teleshopping spots referred to in paragraph 1 may be made where a Member State and media service providers under its jurisdiction establish a framework whereby a certain number of hours are defined as "prime time" hours. During these prime time hours the proportion of commercial communication shall not exceed 20% but not to be restricted to each specific clock hour.
Amendment 165 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 – subparagraph 1 b (new) Amendment 166 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 Amendment 167 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point a (a) self-promotional and cross- promotional announcements made by the broadcaster in connection with its own
Amendment 168 #
Proposal for a directive Article 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 169 #
Proposal for a directive Article 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 2 – point c (c) product placements which do not conflict with Article 11(4).
Amendment 170 #
Proposal for a directive Article 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.
Amendment 171 #
Proposal for a directive Article 1 – point 19 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing platform providers
Amendment 172 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, the Commission and Member States shall ensure that video-sharing platform providers take appropriate measures to:
Amendment 173 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 174 #
Proposal for a directive Article 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
Amendment 175 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b (b) protect all citizens from content containing any incitement to the commission of terrorist acts or any other form of 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 176 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point b a (new) (ba) 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 user-generated content is exempted from this requirement, Member States shall ensure that video-sharing platform providers facilitate the necessary authoring tools for users to create and share accessible content.
Amendment 177 #
Proposal for a directive Article 1 – point 19 Amendment 178 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 Amendment 179 #
Proposal for a directive Article 1 – point 19 (a) defining and applying in the terms and conditions of the video-sharing platform providers the concepts of incitement to the commission of terrorist acts or any other form of violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 180 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a)
Amendment 181 #
Proposal for a directive Article 1 – point 19 (b) establishing and operating transparent mechanisms for users of video-sharing platforms to report or flag to the video-
Amendment 182 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b a (new) (ba) establishing and operating systems through which providers of video-sharing platforms explain to users of video- sharing platforms what effect has been given to the reporting and flagging referred to in point (b);
Amendment 183 #
Proposal for a directive Article 1 – point 19 (f) establishing and operating
Amendment 184 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 a (new) 2a. 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.
Amendment 185 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2,
Amendment 186 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 a (new) 3a. Member States shall ensure that video-sharing platform providers conduct and publish regular audits of their performance in accordance with the code of conduct referred to in paragraph 1.
Amendment 187 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the necessary mechanisms to assess the
Amendment 188 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the necessary mechanisms to
Amendment 189 #
Proposal for a directive Article 1 – point 19 Directive 2010/13EU Article 28 a – paragraph 5 5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content, provided that any measure taken, for the purposes of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights of the European Union, is limited to what is necessary and proportionate and taken on the basis of a prior judicial authorisation. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 190 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 6 Amendment 191 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 7 7. The Commission and ERGA shall
Amendment 192 #
Proposal for a directive Article 1 – point 19 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.
Amendment 193 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 8 8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft
Amendment 194 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 a – 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.
Amendment 195 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 b – paragraph 1 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 196 #
Proposal for a directive Article 1 – point 19 Directive 2010/13/EU Article 28 b – 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 197 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally independent
Amendment 198 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally independent
Amendment 199 #
Proposal for a directive Article 1 – point 21 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct from government and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors
Amendment 200 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are
Amendment 201 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 a (new) 1a. Member States shall ensure that the nomination process of the Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority is transparent and guarantees the requisite degree of independence for the fulfilment of its functions.
Amendment 202 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 a (new) 1 a. Member States shall ensure that the nomination process of the Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority is transparent and guarantees the requisite degree of independence for the fulfilment of its functions.
Amendment 203 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently and in accordance with the objectives of this Directive, regarding in particular media independence and pluralism, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 204 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, non-discrimination, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 205 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 1 Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, non-discrimination, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 206 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 2 – subparagraph 2 National regulatory authorities shall not seek or take instructions from any other body, public or private, in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law.
Amendment 207 #
Proposal for a directive Article 1 – point 21 National regulatory authorities shall not seek or take instructions from any other body, public or private, in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law.
Amendment 208 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 3 3. The competences and powers of the independent regulatory authorities, as well as the ways of making them accountable shall be clearly defined in law by the respective Member States in accordance with national statutory provisions.
Amendment 209 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 Amendment 210 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 4 4. Member States shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively in accordance with this Directive and Union law.
Amendment 211 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 5 Amendment 212 #
Proposal for a directive Article 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 213 #
Proposal for a directive Article 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 214 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 6 6.
Amendment 215 #
Proposal for a directive Article 1 – point 21 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 216 #
Proposal for a directive Article 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 217 #
Proposal for a directive Article 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 7 Amendment 25 #
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. An updated legal framework is therefore required in order to reflect developments in the market and to achieve a balance between access to online content services and consumer protection. __________________ 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 concerning the provision of audiovisual media services (Audiovisual Media
Amendment 26 #
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 owing to increased convergence between television and services distributed via the internet. 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
Amendment 27 #
Proposal for a directive Recital 3 (3) Directive 2010/13/EU should remain applicable only to
Amendment 28 #
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 29 #
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 30 #
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 on jurisdiction upon the Commission's request
Amendment 31 #
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 on jurisdiction, in conjunction with national regulatory authorities, upon the Commission's request.
Amendment 32 #
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 Commission can ask the European Regulators Group for Audiovisual Media Services (ERGA)
Amendment 33 #
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)
Amendment 34 #
Proposal for a directive Recital 7 Amendment 35 #
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. The existence of a legislative backstop has been considered an important success factor in promoting compliance with a self- or co-regulatory codes' period. Member States should ensure the enforcement of self-regulatory or co- regulatory codes. 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 36 #
Proposal for a directive Recital 8 (8) In order to ensure coherence and give legal certainty to businesses and Member States' authorities,
Amendment 37 #
Proposal for a directive Recital 8 Amendment 38 #
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 and, where possible, service providers should seek to use locally available systems of rating of descriptors which should ensure protection is in accordance with local standards.
Amendment 39 #
Proposal for a directive Recital 9 (9) In order to empower viewers, in
Amendment 40 #
Proposal for a directive Recital 9 (9) In order to empower viewers, in
Amendment 41 #
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 a 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 complete accessibility, such as programmes or events broadcast in real time. Appropriate accessibility measures could be developed through self-regulation and co-regulation
Amendment 42 #
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 a visual or hearing disability by 2022 at the latest.
Amendment 43 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that self- and co- regulat
Amendment 44 #
Proposal for a directive Recital 11 Amendment 45 #
Proposal for a directive Recital 11 a (new) (11a) Given the potential harm caused by alcohol to all individuals and to society as a whole, Member States should encourage audiovisual media service providers to limit the exposure of viewers to products containing alcohol. As the rules applicable to tobacco prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 46 #
Proposal for a directive Recital 11 a (new) (11a) Given the potential harm caused by alcohol to all individuals and to society as a whole, Member States should encourage audiovisual media service providers to limit the exposure of viewers to products containing alcohol. As the rules applicable to tobacco prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 47 #
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 48 #
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 49 #
Proposal for a directive Recital 13 Amendment 50 #
Proposal for a directive Recital 13 (13) The market for TV broadcasting has evolved and
Amendment 51 #
Proposal for a directive Recital 13 (13) The market for
Amendment 52 #
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 53 #
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 54 #
Proposal for a directive Recital 15 Amendment 55 #
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 56 #
Proposal for a directive Recital 17 Amendment 57 #
Proposal for a directive Recital 18 (18)
Amendment 58 #
Proposal for a directive Recital 19 Amendment 59 #
Proposal for a directive Recital 19 Amendment 60 #
Proposal for a directive Recital 19 Amendment 61 #
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. Member States should ensure the highest level of protection for consumers, and particularly young viewers, against an excessive amount of broadcast advertising, especially during prime time.
Amendment 62 #
Proposal for a directive Recital 20 Amendment 63 #
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
Amendment 64 #
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, where practical and by appropriate means, that their catalogues contain a minimum share of European works and that those are given enough prominence.
Amendment 65 #
Proposal for a directive Recital 21 (21) Providers of on-demand audiovisual media services
Amendment 66 #
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
Amendment 67 #
Proposal for a directive Recital 22 (22) In order to
Amendment 68 #
Proposal for a directive Recital 23 Amendment 69 #
Proposal for a directive Recital 24 Amendment 70 #
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
Amendment 71 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms, on which users
Amendment 72 #
Proposal for a directive Recital 27 Amendment 73 #
Proposal for a directive Recital 28 (28) An important share of the content host
Amendment 74 #
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, where it is demonstrated that those providers
Amendment 75 #
Proposal for a directive Recital 29 (29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC
Amendment 76 #
Proposal for a directive Recital 29 (29) In light of the nature of the providers' involvement with the content host
Amendment 77 #
Proposal for a directive Recital 30 Amendment 78 #
Proposal for a directive Recital 30 a (new) (30a) Member States should ensure that any measure taken, for the purposes of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights of the European Union, is limited to what is necessary and proportionate and is taken on the basis of a prior judicial authorisation.
Amendment 79 #
Proposal for a directive Recital 31 (31) When taking
Amendment 80 #
Proposal for a directive Recital 31 Amendment 81 #
Proposal for a directive Recital 32 (32)
Amendment 82 #
Proposal for a directive Recital 32 a (new) (32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims at enshrining the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government, in that they neither seek nor take instructions from the industry or any government, operate in a transparent and accountable manner as set out in law, and have sufficient powers.
Amendment 83 #
Proposal for a directive Recital 32 a (new) (32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims at enshrining the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government, in that they neither seek nor take instructions from the industry or from any government, operate in a transparent and accountable manner as set out in law, and have sufficient powers.
Amendment 84 #
Proposal for a directive Recital 33 Amendment 85 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence
Amendment 86 #
Proposal for a directive Recital 35 a (new) (35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 87 #
Proposal for a directive Recital 35 a (new) (35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 88 #
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.
Amendment 89 #
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
Amendment 90 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 91 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 92 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union rules and codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 93 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union rules and codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 94 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA
Amendment 95 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure adequate discoverability and accessibility of content of general interest under defined general interest objectives such as freedom of expression, media pluralism, freedom
Amendment 96 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to
Amendment 97 #
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
Amendment 98 #
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, in the interest of legitimate public policy
Amendment 99 #
Proposal for a directive Recital 38 a (new) (38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act1a aims at enshrining these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 1a COM(2015)615 final.
source: 593.833
2016/12/02
ENVI
177 amendments...
Amendment 100 #
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
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 8 a (new) Directive 2010/13/EU Article 6 – paragraph 1 a (new) (8a) In Article 6, the following paragraph is added: ‘Member States shall require broadcasters under their jurisdiction to broadcast events of major importance for society in an accessible way for people with functional limitations, including persons with disabilities.’
Amendment 102 #
1. Member States shall ensure that audiovisual media service providers
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of vulnerable groups such as minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6a – paragraph 3 3. The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where appropriate, the Commission shall
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e a (new) (-a a) in paragraph 1, the following point is inserted: “(ea) audiovisual commercial communications for foods and beverages that are high in salt, sugars or fat shall not accompany a programme aimed at a children’s audience, in the form of an advertising break broadcast during, immediately preceding or immediately following such a programme, or be included in such a programme, and shall be prohibited during hours of peak viewing by children’s audiences;”
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a – introductory part Directive 2010/13/EU Article 9 – paragraph 2 (a) paragraph 2 is replaced by the following: “2. Member States shall introduce legislation to effectively minimise the exposure of children and minors to audiovisual commercial communications 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. This legislation shall cover television broadcasts, on-demand audiovisual media services, video-sharing platforms and social media platforms, and shall aim at, inter alia, prohibiting such communications during children and minors’ usual viewing times The WHO Regional Office for Europe’s nutrient profile model shall be used in order to differentiate foods and beverages on the basis of their nutritional composition.”
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a – introductory part Directive 2010/13/EU Article 9 – paragraph 2 (a) paragraph 2 is
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Amendment 114 #
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
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 1 Member States
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – point 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
Amendment 117 #
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 en
Amendment 118 #
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
Amendment 119 #
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 en
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 2. 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 during peak viewing times for children to be defined at national level but at least until 2100. To identify such foods, the WHO Regional Office for Europe’s nutrient profile model applies.
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 2 Those codes sh
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall en
Amendment 125 #
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
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 – subparagraph 3 The Commission and ERGA shall encourage the exchange of best practices on
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2010/13/EU Article 9 – paragraph 2 a (new) (2a) Encourages Member States to request audiovisual service providers not to broadcast information the disclosure of which is liable to cause financial damage, or whose dissemination is liable to panic, misinform or manipulate the public, prior to the official announcement of the outcome of enquiries, audits or official checks by the competent authorities, since there is a possibility that such information could prove false and have an adverse financial impact on the internal market. Exemptions shall apply in 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 in cases where consumers’ attention is drawn publically to potential risks.
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010/13/EU Article 9 – paragraphs 2 a and 2 b (new) (aa) the following paragraphs are inserted: “2a. Foods that are high in fat, sugars or salt shall be identified using the WHO Regional Office for Europe’s nutrient profile model. 2b. For the purposes of points (e) and (ea) of paragraph 1, Members States shall determine the hours of peak viewing by child audiences in their territory according to the national situation.”
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point (e) Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e Amendment 131 #
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) in paragraph 1, point (e) is replaced by the following: “(e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors, avoid exposure to minors and shall not encourage consumption of such beverages;”
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2010–13/EU Article 9 – paragraph 1 – point e a (new) (aa) in paragraph 1, the following point is inserted: “(ea) commercial communication for alcoholic beverages shall be prohibited during children’s peak viewing times, which shall be defined at national level, but at least until 21:00;”
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 3. Member States
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 3. Member States
Amendment 135 #
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 en
Amendment 136 #
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 sh
Amendment 137 #
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
Amendment 138 #
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 en
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 3 a (new) (3a) Member States and the Commission shall ensure the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications for gambling. Those codes shall be used to effectively limit the exposure of minors to audiovisual commercial communications for gambling.
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall en
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. If considered appropriate, the
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union.
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b Directive 2010/13/EU Article 9 – paragraph 4 4. The Commission and ERGA shall encourage the exchange of best practices on
Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b a (new) Directive 2010/13/EU Article 9 – paragraph 1 Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point b a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point f a (new) (b a) in paragraph 1, the following point is inserted: “(fa) audiovisual commercial communications for gambling services shall not be aimed specifically at minors and shall contain a clear message indicating the minimum age below which gambling is not permitted.”
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 11 a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point e (11a) in Article 9(1), point (e) is deleted.
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 2 (12a) In Article 10, paragraph 2 is replaced by the following: “2. Audiovisual media services or programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products, alcoholic drinks, or 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. The WHO Regional Office for Europe’s nutrient profile model shall be used in order to differentiate foods and beverages on the basis of their nutritional composition.”
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 2 Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2010/13/EU Article 10 – paragraph 2 (12a) In Article 10, paragraph 2 is replaced by the following: “Audiovisual media services or programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 2 2. Product placement shall be
Amendment 152 #
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 153 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – introductory part 3.
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – point a (a)
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 1 – point b (b)
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Programmes that contain product placement shall, as a minimum, meet all of the following requirements: (a) their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial responsibility of the media service provider; (b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; (c) they shall not give undue prominence to the product in question; (d) viewers shall be clearly informed of the existence of product placement. Programmes containing product placement shall be appropriately identified at the start and the end of the programme, and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer;
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 3 – subparagraph 3 By way of exception, Member States may choose to waive the requirements set out in point (
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – points b a and b b and subparagraph 1 a (new) (ba) alcoholic beverages; (bb) foods and non-alcoholic beverages high in fat, saturated fat, trans-fatty acids, salt or sodium and sugars. To identify foods referred to in point (bb), the WHO Regional Office for Europe’s nutrient profile model shall apply.
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point b a (new) (ba) alcoholic drinks, or product placement from undertakings whose principal activity is the manufacture or sale of alcoholic drinks;
Amendment 160 #
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;
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 13 (new) Directive 2010/13/EU Article 11 – paragraph 4 – point b a (new) (ba) alcoholic beverages
Amendment 162 #
(bb) 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. The WHO Regional Office for Europe’s nutrient profile model shall be used in order to differentiate foods and beverages on the basis of their nutritional composition.
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/13/EU Article 11 – paragraph 4 – point b b (new) (bb) foods and non-alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars.
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 1 Member States shall take all the necessary and appropriate measures to ensure that programmes provided by audiovisual media service providers and video-sharing platform providers under their jurisdiction, which m
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 1 a (new) Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 2 Amendment 167 #
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 168 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/13/EU Article 20 – paragraph 2 Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 Amendment 171 #
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 any one hour in the period between 7:00 and 23:00 shall not exceed 20 %. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 174 #
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 175 #
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, Member States shall ensure that audiovisual media service providers such as video-sharing platform providers take appropriate measures to:
Amendment 176 #
(a) protect vulnerable groups such as minors from content which may impair their physical, mental or moral development;
Amendment 177 #
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 terrorism, 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 178 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 1 a (new) Amendment 179 #
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 paragraphs 1 and 1a shall be determined by the Member States having jurisdiction over video-sharing platform providers 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.
Amendment 180 #
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 audiovisual media service providers such as video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest.
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 – point a (a) defining and applying in the terms and conditions of the audiovisual media service providers such as video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of vulnerable groups such as minors, in accordance with Articles 6 and 12 respectively;
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 – point c (c) establishing and operating age verification systems for users of audiovisual media services such as video- sharing platforms with respect to content which may impair the physical, mental or moral development of minors;
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 – point d (d) establishing and operating systems allowing users of audiovisual media services such as video-sharing platforms to rate the content referred to in paragraph 1;
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 – point e (e) providing for parental control systems with respect to content which may impair the physical, mental or moral development of vulnerable groups such as minors;
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 2 – subparagraph 2 – point f (f) establishing and operating systems through which providers of audiovisual media services such as video-sharing platforms explain to users of
Amendment 186 #
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 appropriateness of the measures referred to in paragraphs 2 and 3 taken by audiovisual media service providers such as video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 187 #
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 audiovisual media service providers such as video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 188 #
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 available for the settlement of disputes between users and audiovisual media service providers such as video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 189 #
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 audiovisual media service providers such as video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28a – paragraph 8 8.
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28b – paragraph 1 – subparagraph 1 Member States shall ensure that audiovisual media services providers such as video-
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28b – paragraph 2 2. Member States shall communicate to the Commission a list of the audiovisual media services providers such as video- sharing platform providers established on their territory and the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities have access to this information.;
Amendment 193 #
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 provider of media services
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/13/EU Article 30a – 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) and on any matter relating to audiovisual media services, in particular on the protection of vulnerable groups such as minors and incitement to hatred
Amendment 195 #
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 196 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 2 By [date – no later than
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2010/13/EU Article 33 – paragraph 3 a (new) No later than ... (three years after the adoption of this Directive) the Commission shall draw up a report to the European Parliament and to the Council with proposals to limit the exposure of minors of commercial communications of products prejudicial to health on the internet and social media.
Amendment 20 #
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 21 #
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 22 #
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 23 #
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 24 #
Proposal for a directive Citation 1 a (new) - having regard to the Protocol (No. 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,
Amendment 25 #
Proposal for a directive Citation 1 b (new) having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality,
Amendment 26 #
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
Amendment 27 #
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
Amendment 28 #
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.
Amendment 29 #
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 ancillary 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
Amendment 31 #
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
Amendment 32 #
Proposal for a directive Recital 9 (9) In order to empower viewers, including parents and vulnerable groups such as minors, in making informed decisions about the content to be watched, it is necessary that audiovisual
Amendment 33 #
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 34 #
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 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 impairment as soon as possible.
Amendment 35 #
Proposal for a directive Recital 9 a (new) (9a) It is important that regulatory actions limit the possibility that a person affected by any kind of vulnerability (social, economic, psychological, health- related, etc.) is 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.
Amendment 36 #
Proposal for a directive Recital 9 a (new) (9a) Existing provisions on improving access to media services for people with a visual or hearing disability should be strengthened to ensure progress and continuity in efforts of Member States and media providers.
Amendment 37 #
Proposal for a directive Recital 10 Amendment 38 #
(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 vulnerable groups such as children. Member States should be encouraged to ensure that
Amendment 39 #
Proposal for a directive Recital 10 (10) Certain widely recognised nutritional guidelines exist at national and international level
Amendment 40 #
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
Amendment 41 #
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 42 #
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
Amendment 43 #
Proposal for a directive Recital 10 a (new) (10a) In addition, Member States should ensure that self- and co-regulatory codes of conduct aim to effectively reduce the exposure of children and minors to audiovisual commercial communications relating to the promotion of gambling. Certain co-regulatory or self-regulatory systems exist at Union and national level in order to promote gambling responsibly, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible gambling messages accompany audiovisual promotional communications for gambling.
Amendment 44 #
Proposal for a directive Recital 11 (11)
Amendment 45 #
Proposal for a directive Recital 11 (11)
Amendment 46 #
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 unsuitable 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 commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 47 #
Proposal for a directive Recital 11 (11) Similarly, where a Member State
Amendment 48 #
Proposal for a directive Recital 11 (11) Similarly, Member States should
Amendment 49 #
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 50 #
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 51 #
Proposal for a directive Recital 12 a (new) (12a) Member States are called on to develop a framework for the periods constituting ‘prime time’, for use when applying the rules of this Directive, which relates to the protection of minors.
Amendment 52 #
Proposal for a directive Recital 13 Amendment 53 #
Proposal for a directive Recital 13 Amendment 54 #
Proposal for a directive Recital 13 Amendment 55 #
Proposal for a directive Recital 14 (14)
Amendment 56 #
Proposal for a directive Recital 15 Amendment 57 #
Proposal for a directive Recital 15 (15)
Amendment 58 #
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, since it can generate resources for audiovisual media service providers.
Amendment 59 #
(16) Product placement should
Amendment 60 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes
Amendment 61 #
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 62 #
Proposal for a directive Recital 16 (16) Product placement should
Amendment 63 #
Proposal for a directive Recital 17 (17)
Amendment 64 #
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 65 #
Proposal for a directive Recital 17 (17)
Amendment 66 #
Proposal for a directive Recital 18 (18)
Amendment 67 #
Proposal for a directive Recital 18 (18)
Amendment 68 #
Proposal for a directive Recital 19 Amendment 69 #
Proposal for a directive Recital 19 Amendment 70 #
Proposal for a directive Recital 19 (19)
Amendment 71 #
Proposal for a directive Recital 20 Amendment 72 #
Proposal for a directive Recital 20 Amendment 73 #
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 particular with regard to pornography and gratuitous violence.
Amendment 74 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with audiovisual media services such as video- sharing platforms, on which users - particularly vulnerable groups such as 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.
Amendment 75 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms and social networks, 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 76 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms and social media, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech
Amendment 78 #
Proposal for a directive Recital 27 (27) As regards commercial communications on audiovisual media services providers such as video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business-to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards commercial communications concerning
Amendment 79 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms or social networks 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 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 80 #
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, 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 vulnerable groups such as minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 81 #
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, those providers typically determine the organisation of the content, namely
Amendment 82 #
Proposal for a directive Recital 29 Amendment 83 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the audiovisual media services providers such as 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 audiovisual media services providers such as video-sharing platform providers to take stricter measures to protect vulnerable groups such as minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25
Amendment 84 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers a
Amendment 85 #
Proposal for a directive Recital 31 (31) When taking the appropriate measures to protect vulnerable groups such as minors from harmful content and to protect all citizens from content containing incitement to 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 discrimination and the right of the person belonging to a vulnerable group such as a child.
Amendment 86 #
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 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 and be taken into account by every audiovisual media service. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child.
Amendment 87 #
Proposal for a directive Recital 31 (31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from
Amendment 88 #
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 discrimination and the right of the child.
Amendment 89 #
Proposal for a directive Recital 32 (32) The audiovisual media service providers such as 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 audiovisual media services providers such as video- sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect vulnerable groups such as minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State’s jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 90 #
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 their independence and thus 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 telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 91 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to
Amendment 92 #
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 of or provision of access to a large amount of programmes or user-
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b a (new) Directive 2010/13/EU Article 1 – paragraph 1 – point a b (new) Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c Directive 2010/13/UE Article 1– paragraph 1– point b b) ‘programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films, videos of short duration, sports events, situation comedies, documentaries, children’s programmes, entertainment and reality programmes, and original drama;
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Member States shall
Amendment 96 #
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
Amendment 97 #
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 98 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d Draft Union codes of conduct referred to in Article
Amendment 99 #
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 terrorism, 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.";
source: 595.453
2016/12/06
LIBE
125 amendments...
Amendment 100 #
Proposal for a directive Recital 33 (33) Regulatory authorities of the Member States
Amendment 101 #
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 their independence and thus 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 telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 102 #
Proposal for a directive Recital 35 (35) With a view to ensuring the consistent application of the Union audiovisual regulatory framework across
Amendment 103 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 104 #
Proposal for a directive Recital 36 (36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 105 #
Proposal for a directive Recital 37 (37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union codes of conduct in the area of protection of minors, racism, xenophobia and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 106 #
Proposal for a directive Recital 38 (38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure
Amendment 107 #
Proposal for a directive Recital 42 a (new) (42a) Member States should take all the necessary measure to ensure the correct, timely and effective transposition and application of this Directive.
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point i (i) the service consists of the storage of or provision of access to a large amount of programmes or user-
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2010/13/EU Article 1 – paragraph 1 – point a a – point iii (iii) the principal purpose of the service or a dissociable section thereof is devoted to, or the service plays a significant role in, providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 2010/13/EU Article 1 – paragraph 1 – point b a (ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video-sharing platform by one or more users independent of and separate from the video-sharing platform;
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article 1 a (new) Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/13/EU Chapter II – Article 1 a (new) Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2010/13/EU Chapter II – Article 1 b (new) (2b) The following article is inserted: 'Article 1b 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: i. prejudice respect for human dignity; ii. encourage behaviour prejudicial to health or safety; iii. gratuitously offend or insult religious groups or members thereof with respect to their religious affiliation, or their religious convictions or symbols; iv. encourage behaviour grossly prejudicial to the protection of the environment; v. contain sexualisation of children or degrading depictions of women; (d) all forms of audiovisual commercial communications for cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. (h) pornography, including representations susceptible to incite to hatred based on sex, is prohibited in all forms of audiovisual commercial communications; 2. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications.'
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2010/13/EU Chapter II – Article 1 c (new) Amendment 115 #
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 116 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d a (new) Directive 2010/13/EU Article 4 – paragraph 7a (new) (da) The following paragraph is inserted: 7a. This Directive and any implementing act thereof shall be without prejudice to Directive 2000/31/EC and in particular articles 14 and 15.
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/13/EU Article 6 Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation
Amendment 118 #
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 a
Amendment 119 #
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
Amendment 120 #
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
Amendment 121 #
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 terrorism, 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 122 #
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
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 9 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service, which properly warns parents to restrict their children from watching certain programs.
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive 2010/13/EU Article 6 a – paragraph 1 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2010/13/EU Article 7 (10) Article 7 is
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2010/13/EU Article 9 – paragraph 1 – point g a (new) (-a) In paragraph (1), following point (h) is inserted: (ga) audiovisual commercial communications for gambling services shall not be aimed specifically at minors and shall carry a clear 'no underage gambling' message indicating the minimum age below which gambling is not permissible.
Amendment 128 #
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
Amendment 129 #
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
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 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
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 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
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2010/13/EU Article 12 – paragraph 2 Amendment 133 #
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 134 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2010/13/EU Article 23 – paragraph 1 1. The
Amendment 136 #
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 137 #
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 138 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 1 – point a (a) protect minors from content which may impair their physical
Amendment 140 #
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
Amendment 141 #
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
Amendment 142 #
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 they have obtained actual knowledge of, which conta
Amendment 143 #
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
Amendment 144 #
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 terrorism, 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 145 #
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, colour, religion, disability, descent or national or ethnic origin.
Amendment 146 #
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 inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
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 may impair their physical or mental development.
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a)
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point a (a) defining and applying in the terms and conditions of the specific video- sharing platform
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 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 as referred to in point (b) of paragraph 1 and of content which may impair the physical
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point b (b) establishing and operating user- friendly mechanisms for users of video- sharing platforms to report or flag to the video-
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point c (c) establishing and operating age verification systems for users of video- sharing platforms with respect to content which may impair the physical
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point c (c) establishing and operating efficient age verification systems for users of video- sharing platforms with respect to content which may impair the physical
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 201/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point c (c) establishing and operating age verification systems for users of video- sharing platforms with respect to content which may impair the physical
Amendment 155 #
(d) establishing and operating easy to use systems allowing users of video- sharing platforms to rate the content referred to in paragraph 1;
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e (e) providing for parental control systems that are under the control of the end-users, with respect to content which may impair the physical
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e (e) providing for parental control systems with respect to content which may impair the physical
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 201/13/EU Article 28 a – paragraph 2 – subparagraph 2 – point e (e) providing for parental control systems with respect to content which may impair the physical
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 3 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2,
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 4 4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30. The independent national regulatory authorities shall provide the necessary guidelines to ensure that the measures taken, respect freedom of expression, are based on prior judicial authorisation, and include the necessity to inform users.
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content
Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/13/EU Article 28 a – paragraph 5 5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. Member States shall not require video-sharing platform providers to conduct any stricter ex-ante control measure.
Amendment 163 #
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, including counter-notice procedure, 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 164 #
Proposal for a directive Article 1 – paragraph 1 – point 20 Directive 2010/13/EU Chapter XI – title REGULATORY BODIES AND AUTHORITIES OF THE MEMBER STATES;
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall designate one or more independent national regulatory bodies and authorities. Member States shall ensure that they are legally
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/13/EU Article 30 – paragraph 1 1. Each Member State shall transparently designate one or more independent national regulatory authorities
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Member States shall ensure that national regulatory bodies and authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 168 #
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 169 #
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
Amendment 170 #
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 in its work to ensure a consistent and transparent implementation in all Member States of the regulatory framework for audiovisual media services;
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 201/13/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, including pertaining to the implementation of freedom of expression as regards Article 11 of the Charter of Fundamental Rights.
Amendment 47 #
Proposal for a directive Citation 1 a (new) having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national parliaments in the European Union,
Amendment 48 #
Proposal for a directive Citation 1 a (new) Having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 7, 10, 11, 21, 24, 26, 47 and 52 thereof,
Amendment 49 #
Proposal for a directive Citation 1 b (new) having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality,
Amendment 50 #
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 owing to increased convergence between television and services distributed via the internet. 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-
Amendment 51 #
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 52 #
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.
Amendment 53 #
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 ancillary 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-
Amendment 54 #
Proposal for a directive Recital 8 (8) In order to ensure coherence and give legal certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent, be aligned
Amendment 55 #
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 56 #
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
Amendment 57 #
Proposal for a directive Recital 8 a (new) (8a) In order to achieve a true digital single market, further efforts are needed in the field of improving media literacy among citizens, therefore the Commission and the Member States should strengthen their efforts to promote it among all EU citizens, in particular children and minors through initiatives and coordinated actions, in order to increase the understanding of audiovisual media services.
Amendment 58 #
Proposal for a directive Recital 8 b (new) (8b) Member States are encouraged to take all the necessary measures in order to promote media education, which provides knowledge and skills and empowers citizens to exercise their right to freedom of expression, to analyse media content and to react to disinformation. In this regard, it is important to strengthen the knowledge on all levels of the educational system and to encourage people to active citizenship and to develop their awareness as media consumers.
Amendment 59 #
Proposal for a directive Recital 9 (9) In order to empower viewers, in
Amendment 60 #
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 61 #
Proposal for a directive Recital 9 a (new) (9a) The consumption of linear TV channels in Europe remains prominent in comparison to other media services, as demonstrated by the study "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016, which shows an overall good condition of linear TV in Europe, with the number of available linear TV channels in 2015 increasing on average of 46% compared to 2009;
Amendment 62 #
Proposal for a directive Recital 9 b (new) (9b) There has been a slight decrease in Europe of the fruition by young people of linear TV channels, as demonstrated by the study " Measurement of Fragmented Audiovisual Audiences", published by the European Audiovisual Observatory in November 2015, which shows in 2014 an average decrease in the European Union of only 4% of young people aged 12-34, compared to 2011;
Amendment 63 #
Proposal for a directive Recital 9 c (new) Amendment 64 #
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 65 #
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
Amendment 66 #
Proposal for a directive Recital 11 (11) Similarly, Member States should be encouraged to ensure that
Amendment 67 #
Proposal for a directive Recital 11 a (new) (11a) The exposure of children to violence through graphic images should also be limited through content rating rules.
Amendment 68 #
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 69 #
Proposal for a directive Recital 13 Amendment 70 #
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, since it can generate additional resources for audiovisual media service providers.
Amendment 71 #
Proposal for a directive Recital 16 (16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes
Amendment 72 #
Proposal for a directive Recital 17 (17) The rule that a product should not be given undue prominence
Amendment 73 #
Proposal for a directive Recital 18 (18)
Amendment 74 #
Proposal for a directive Recital 19 Amendment 75 #
Proposal for a directive Recital 20 Amendment 76 #
Proposal for a directive Recital 21 (21) Providers of on-demand
Amendment 77 #
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
Amendment 78 #
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,
Amendment 79 #
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
Amendment 80 #
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 81 #
Proposal for a directive Recital 26 (26) There are new challenges, in particular in connection with video-sharing platforms and social networks, 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.
Amendment 82 #
Proposal for a directive Recital 26 a (new) (26a) Video sharing platforms also represent breeding ground for terrorist propaganda. Youngsters represent the most vulnerable group when it comes to radicalization via the internet. Cooperation between internet providers, EU agencies and national authorities is vital to combat these tendencies via the removal of radical content and the elaboration of positive counter-narratives.
Amendment 83 #
Proposal for a directive Recital 26 b (new) (26b) Cyberbullying is becoming increasingly common, especially among teenagers, and it can take place also on video sharing platforms. Programs should be put in place for prevention of cyberbullying through anti-bullying campaigns and the promotion of online safety instruction on how to use the Internet properly.
Amendment 84 #
Proposal for a directive Recital 27 (27) As regards commercial communications on video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business-to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards commercial communications concerning tobacco and related products in video- sharing platforms, the existing prohibitions provided for in Directive 2003/33/EC of the European Parliament and of the Council, as well as the prohibitions applicable to communications concerning e-cigarettes and refill containers pursuant to Directive 2014/40/EU of the European
Amendment 85 #
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, 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
Amendment 86 #
Proposal for a directive Recital 28 (28) An important share of the content stored on video-sharing platforms or social networks 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 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 87 #
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, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or
Amendment 88 #
Proposal for a directive Recital 28 (28) An important share of the content host
Amendment 89 #
Proposal for a directive Recital 29 (29) In light of the nature of the providers' involvement with the content host
Amendment 90 #
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 remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. _________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 91 #
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 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 remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. _________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children
Amendment 92 #
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
Amendment 93 #
Proposal for a directive Recital 30 (30) It is appropriate to involve the video-sharing platform providers a
Amendment 94 #
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 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 discrimination and the right of the child. Member States have an obligation to ensure that the balance of incentives for media service providers and video-sharing platform providers covered by this Directive is such that legal content, including content which can offend, shock or disturb, can be communicated. Similarly, age verification should only be proportionate and should be implemented in a way which offers the maximum protection of privacy.
Amendment 95 #
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 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 and be taken into account by every audiovisual media service. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child.
Amendment 96 #
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 violence
Amendment 97 #
Proposal for a directive Recital 31 (31) When taking the
Amendment 98 #
(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 discrimination and the right of the child.
Amendment 99 #
Proposal for a directive Recital 31 a (new) (31a) The 2011 EU Agenda for the Rights of the Child defines "the Treaties, the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of the Child (UNCRC) as a common basis for all EU action which is relevant to children". Articles 5 and 19 of the UNCRC are of particular relevance for the protection of children in audiovisual media services.
source: 595.573
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