65 Amendments of Marie-Christine BOUTONNET related to 2016/0151(COD)
Amendment 102 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62, Article 62 and Article 168 thereof,
Amendment 106 #
Proposal for a directive
Recital 3
Recital 3
Amendment 116 #
Proposal for a directive
Recital 4
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 and the Commission. Those records should include information about the criteria on which jurisdiction is based.
Amendment 117 #
Proposal for a directive
Recital 5
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 125 #
Proposal for a directive
Recital 8
Recital 8
Amendment 136 #
Proposal for a directive
Recital 9
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 content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 158 #
Proposal for a directive
Recital 12
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. When well enforced and monitored, incentivising codes of conduct at Union level might be a good means of ensuring a more coherent and effective approach.
Amendment 171 #
Proposal for a directive
Recital 13
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. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 185 #
Proposal for a directive
Recital 15
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 exceptionorder to safeguard editorial independence and the protection of consumers, in particular children, but also the elderly and persons with a disability, Member States should maintain the ban on product placement, in keeping with their national public policy priorities.
Amendment 188 #
Proposal for a directive
Recital 16
Recital 16
(16) PWhat is more, it should be emphasised that product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes, cultural and educational programmes, family programmes, such as entertainment broadcasts, children’s programmes and programmes with a significant children’s audience. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in children’s programmes and programmes with a significant children’s audience. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 220 #
Proposal for a directive
Recital 19
Recital 19
(19) While tThis Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, i. 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%reasons relating to public health and the safeguarding of the quality of audiovisual programmes and therefore the credibility with viewers of the services which provide such programmes, to maintain restrictions ofn advertising within the period from 7:00 to 23:00 should be introduced, at the discretion of the Member States, in keeping with their public health and cultural policy objectives.
Amendment 230 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence, in keeping with the national requirements laid down in the Member State in which their services are available.
Amendment 241 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequate levels of investment on European works, Member States should be able, 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 that are provided in and targeted towards their territory. Notwithstanding any audiovisual content they may offer, online news publications should not be subject to the above- mentioned obligations, so as not to infringe the freedom of the press and the pluralism of the media; This Directive clarifies that, given the direct link between financial obligations and Member States' different cultural policies, Member States are also allowed to impose such financial obligations on providers of on-demand services established in another Member State which are targeted towards its territory. In this case financial obligations should only be charged on the revenues generated through the audience in that Member State.
Amendment 249 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences, very small, small and medium enterprises (VSEs/SMEs), 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. __________________ 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 256 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, 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. rules on those matters which are proportionate but which guarantee, among other things, the absolute protection 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.
Amendment 265 #
Proposal for a directive
Recital 28
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 citizennationals of Member States 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 290 #
Proposal for a directive
Recital 30
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. HoweverFurthermore, 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 303 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directive, the applicable fundamental rights, as, the applicable fundamental rights, as defined by the written or unwritten constitutions of the Member States and additionally 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 311 #
Proposal for a directive
Recital 32
Recital 32
(32) The video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. 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 citizennationals of Member States 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 Member States and 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 316 #
Proposal for a directive
Recital 33
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, mixed and private 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, and consumer protection, the internal market and the promotion of fair competition.
Amendment 319 #
Proposal for a directive
Recital 36
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 in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 323 #
Proposal for a directive
Recital 37
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. 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 Upon the request of the Member States and the Commission's request, ERGA should provide opinions, including on jurisdiction and Union 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 337 #
Proposal for a directive
Recital 39
Recital 39
(39) This Directive respects the fundamental rights and observes the principles recognised in particularby the written and unwritten constitutions of the Member States and, additionally, 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 enshrined in the UN Convention on the Rights of the Child, in the written and unwritten constitutions of the Member States, and additionally in the Charter of Fundamental Rights of the European Union.
Amendment 342 #
Proposal for a directive
Recital 40
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 shouldmight, to the best extent possible, and without prejudice to copyright rules, be made available cross- border inin the various Member States of the EU.
Amendment 463 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure freedom of reception and shall notmay restrict retransmissions on their territory of audiovisual media services from other Member States for reasons which fall within the fields coordinated by this Directive, provided that they give reasons to justify doing so.
Amendment 471 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point b
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 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point c
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 480 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) during the 126 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 point (a), (b) or (c) of paragraph 2 on at least two occasions;
Amendment 484 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
(c) consultations with the Member State which has jurisdiction over the provider and the Commission have not produced an amicable settlement within one month of the notification provided for in point (b);
Amendment 490 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 1 a (new)
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
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
Amendment 499 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3 a (new)
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
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3 b (new)
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 507 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
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 lawm in the shortest possible time. WThere 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 ad hoc dispute resolution body shall meet as soon as possible if this is necessary on grounds of urgency.
Amendment 516 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.
Amendment 538 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) it has notified the Commission and the Member State in which the broadcaster is established and the Commission of its intention to take such measures while substantiating the grounds on which it bases its assessment;
Amendment 545 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
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 that assessments made by the Member State taking those measuresobjectively necessary, applied in a non-discriminatory manner and proportionate to the objectives pursued, and under paragraphs 2 and 3 are correctly founded.
Amendment 547 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decidemake its assessment within 3 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shawill be considered as complete if, within 32 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 550 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 2 a (new)
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
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 3
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 accordance with paragraph 3 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union lawnot objectively necessary, applied in a non-discriminatory manner or proportionate to the objectives pursued. If the Commission decides that they are not objectively necessary, applied in a non-discriminatory manner or proportionate to the objectives pursued, the Member State in question shall refrain from taking the intendedctify those measures.
Amendment 560 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
The CommissionMember States may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission may publish those codes as appropriate.
Amendment 573 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate 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 595 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 3
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 Commission shall facilitate theMember States shall work together to development of Union codes of conduct as a means of encouragement, with the Commission playing a coordinating role if necessary.;
Amendment 635 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 –– subparagraph 1
Article 9 – paragraph 2 –– subparagraph 1
"2. Member States and subsidiarily the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriatemust seek to effectively reduce the exposure of children and minors to audiovisual commercial communications, for aclcompanying or included in programmes with a significant children’s audience, ofholic beverages and for non-alcoholic foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive inthat are rich in fats, trans-fatty acids, salt or sodium and sugars. In the light of that objective, no such commercial communications should be broadcast between 6.00 a.m. and 11 p.m. Member Staktes of which in the overall diet are not recommended, in particular fat, trans- fatty acids, salt or sodium and sugarsand, subsidiarily, the Commission may seek to further reduce the exposure of minors to such commercial communications by encouraging the development of codes of conduct.
Amendment 647 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 3
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, the Commission shall facilitate the development of Union codes of conduct."Member States shall work together to develop incentivising Union codes of conduct, with the Commission playing a coordinating role if necessary;
Amendment 657 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 4
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. If considWhered appropriate, the Commission shall facilitate the development of Union codes of conduct.";Member States shall work together to develop incentivising Union codes of conduct, with the Commission playing a coordinating role if necessary.
Amendment 682 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. PWhat is more, it should be emphasised that product placement shallould not be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes, cultural and educational programmes, family programmes, such as entertainment broadcasts, children’s programmes and programmes with a significant children'’s audience.
Amendment 695 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 3
Article 11 – paragraph 3 – subparagraph 3
Amendment 723 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a 230% share of European works in their catalogue and ensure prominence of these works., more if they so wish or at a level in line with their current requirements, and ensure prominence of these works. Member States shall also retain the possibility of ensuring that providers of on-demand audiovisual media services under their jurisdiction also propose a share of European works in their catalogue, with that share to be established by the Member States;
Amendment 743 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States 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 749 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall reportforward to the Commission by [date – no later than three years after adoption] at the latest and every two years thereafter on the implementation of paragraphs 1 and 2.
Amendment 764 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 4 – paragraph 1
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 UnionCommunity 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. 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 aimed at amending a provision within the existing legislation – Article 14(1) –Or. fr that was not referenced in the Commission proposal)
Amendment 765 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/13/EU
Article 4 – paragraph 2
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 three3 months from the notification, the Commission shall verify that such measures are compatible with Union lawobjectively necessary, applied in a non-discriminatory manner and proportionate to the objectives pursued and communicate them to the other Member States. It shall seek the opinion of the contact committee established pursuant to Article 29. It shall forthwith publish the measures taken in the Official Journal of the European Union and at least once a year the consolidated list of the measures taken by Member States. (Amendment aimed at amending a provision within the existing legislation – Article 14(2) –Or. fr that was not referenced in the Commission proposal)
Amendment 781 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
“The transmission of films made for television (excluding series, serials and documentaries), cinematographic works, 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 796 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. TMember States shall, according to their priorities as regards public health and cultural and education policy, determine the legal limit for television advertising spots and teleshopping spots. It is, however, recommended that the daily proportion of television advertising spots and teleshopping spots within the period between 720:00 and 23:00 shallould not exceed 20%.
Amendment 830 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
“(ca) public service announcements and charity appeals.”;
Amendment 854 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin, 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 932 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall notmay 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.
Amendment 939 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 7
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- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct.Member States shall work together to develop incentivising Union codes of conduct, with the Commission playing a coordinating role if necessary;
Amendment 947 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
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 CommissionMember States draft Union codes of conduct and amendments to existing Union codes of conduct. The CommissionMember States may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Member States and, secondarily, the Commission may give appropriate publicity to those codes of conduct.
Amendment 1018 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point a
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 1024 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point b
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 1029 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point e
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 1037 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 1
Article 33 – paragraph 1
The Member States shall inform the Commission shallof the monitor Member States'ing of the application of the Directive, including its application of co-regulation and self- regulation through codes adopted at national level.