17 Amendments of Isabella ADINOLFI related to 2022/0277(COD)
Amendment 256 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure a level playing field in the provision of diverse audiovisual media services in the face of technological developments in the internal market, it is necessary to find common technical prescriptions for devicesand EU-wide harmonised standards for devices, including remote controls, controlling or managing access to and use of audiovisual media services or carrying digital signals conveying the audiovisual content from source to destination. In this context, it is important to avoid diverging technical standards creating barriers and additional costs for the industry and consumers while encouraging solutions to, such as the hybrid broadcast broadband TV standard, which support the implementation of existing obligations concerning audiovisual media services.
Amendment 282 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour tosubmit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular,this Regulation should not prevent a provider of aThis Regulation is without prejudice tovery large online platform's legal obligationsto take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Article 16, 22 and 34 ofRegulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 310 #
Proposal for a regulation
Recital 37
Recital 37
(37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector, namely agreements for content prioritisation between manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services, such as connected televisions, and media service providers. Prioritisation can be implemented, for example, on the home screen of a device, through hardware or software shortcuts, applications and search areas, dedicated buttons on remote controls which have implications on the recipients’ viewing behaviour, who may be unduly incentivised to choose certain audiovisual media offers over others. Service recipients should have the possibility to change, in a simple and user- friendly manner, the default settings of a device or user interface controlling and managing access to, and use of, audiovisual media services, without prejudice to measures to ensure the appropriate prominence of audiovisual media services of general interest implementing Article 7a of Directive 2010/13/EC, taken in the pursuit of legitimate public policy considerations.
Amendment 312 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Audiovisual media services are subject to various obligations to meet important public policy goals such as supporting cultural diversity and a pluralistic media environment. It is therefore important for devices to be designed in a way that ensures fair access to audiovisual media services, from the perspective of both viewers and media service providers, and full respect of rights of persons with disabilities. Logical channel numbers allow viewers to directly access the audiovisual media service via numeric pads. However, certain device manufacturers remove numeric pads to divert viewers towards manufacturer- controlled user interfaces. Keeping numeric pads to access logical channel numbers directly on remote controls ensures that device manufacturers allow fair and direct access to audiovisual media services while also complying with Art. 30 UNCRPD1aand other relevant obligations concerning rights of persons with disabilities. _________________ 1a UN General Assembly, Convention on the Rights of Persons with Disabilities : resolution / adopted by the General Assembly, 24 January 2007, A/RES/61/106
Amendment 327 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect and restrict the operation of media service providers in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures minimise disruptions of the activities of media service providers and comply with the principles of objective justification, adequateness, transparency, non- discrimination and proportionality.
Amendment 367 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of contentbuying, planning, selling and production of content and advertising inventory. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 454 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of online platforms for the purposes of decisions regarding advertising allocation or prices or the related plannbuying, planning, selling, production or distribution of content and advertising inventory;
Amendment 929 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to facilitapromote the development of EU-wide harmonised technical standards related to digital signals or, such as the hybrid broadcast broadband TV, and design of devices or user interfaces controlling or managing access to and use of audiovisual media services.
Amendment 1004 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Without prejudice to any of their legal obligations, including Regulation (EU) 2022/2065 [Digital Services Act], in particular the provisions foreseen in Articles 16 and 22 and corresponding recitals, where a provider of very large online platform decides to suspend or restrict the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall immediately take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect. The provider of very large online platforms shall not unduly suspend or restrict content lawfully uploaded by media service providers subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, such as authorised audiovisual media service providers as defined in Article 1 Paragraph 1 (a) of Directive 2018/1808.
Amendment 1035 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminatavoiding unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 1087 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or, user interface and remote control enabling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 1094 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. When placing the devices and, user interfaces and remote control referred to in paragraph 1 on the market, manufacturers and developers shall ensure that they include a functionality enabling users to freely and easily change the default settings controlling or managing access to and use of the audiovisual media services offered.
Amendment 1095 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. In order to ensure fair access to audiovisual media services, from the perspective of both viewers and media service providers, and to ensure full respect of rights of persons with disabilities, numeric pads to access logical channel numbers should be present on remote controls, in compliance with Art. 30 UNCRPD2b and other relevant obligations concerning rights of persons with disabilities _________________ 2b UN General Assembly, Convention on the Rights of Persons with Disabilities : resolution / adopted by the General Assembly, 24 January 2007, A/RES/61/106
Amendment 1109 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the provision of media services or operation of media service providers in the internal market shall be duly and objectively justified and proportionate, while minimising disruptions to the operations of media service providers. Such measures shall be adequate, reasoned, transparent, objective and non- discriminatory.
Amendment 1236 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejProviders of proprietary audience to the protection of undertakings’ business secrets, providers of proprietary audience measurement systemmeasurement systems developed without market governance and outside industry standards agreed by the relevant self- regulatory bodies shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. The methodology and its application shall be audited at least once a year by an independent body. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1245 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage theMedia service providers, their representative organisations and any other interested parties shall drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested partwith the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. The same principles and proceedings should also apply to online platforms. The codes of conduct should provide: regular, transparent and independent monitoring, evaluation of the adherence to the principles thereof, effective implementation, including through proportionate sanctions where appropriate.
Amendment 1253 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board and the relevant experts from media service providers, research companies or organisations such as Joint Industry Committees providing audience measurement for the market, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.