35 Amendments of Josep-Maria TERRICABRAS related to 2016/0151(COD)
Amendment 130 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and givelegal certainty tofor 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.
Amendment 190 #
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’'s audienceprogrammes. 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 programmes with a significantchildren's programmes. In this context, children’'s audienceprogrammes should be understood as programmes produced as mainly aimed at children. 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 317 #
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 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, the internal market and the promotion of fair competition.
Amendment 329 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibilityaccess to and appropriate prominence 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 resp. Such obligations should be proportionate and meet general interest objectives such as media pluralism, freedom of speecth, 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 considerationscultural and regional diversity, as well as language preservation, clearly defined by Member States in conformity with Union law.
Amendment 373 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a dissociable section thereof 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 396 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point g a (new)
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 466 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6, 7, or 12, or both;
Amendment 495 #
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
The Commission shall, within threewo 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 complete notification. The notification shall be considered as complete if, within threewo months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 520 #
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, 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 554 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
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. In the event the co-regulation fails to achieve the desired level of protection, national regulatory bodies and authorities must retain effective powers.
Amendment 563 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d a (new)
Article 1 – paragraph 1 – point 5 – point d a (new)
Directive 2010/13/EU
Article 4 – paragraph 8 a (new)
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 583 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a - paragraph 1
Article 6 a - paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers abouttake appropriate measures to ensure that media service providers under their jurisdiction do not include any programme or content which maight seriously impair the physical, mental or moral development of minors. They shall ensure that audiovisual media service providers provide sufficient information to viewers about potential harmful content for minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 606 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: 'Article 7 1. Member States shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with a visual or hearing disability aiming for an almost complete accessibility by the end of 2027. 2. With regard to the implementation of this Article, Member States shall encourage the development of self- 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 637 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’'s audienceprogrammes, 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.
Amendment 642 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point –a (new)
Article 1 – paragraph 1 – point 11 – point –a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(-a) In paragraph 1, point a is replaced by the following: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited and distinguishable from editorial content, without prejudice to Articles 10 and 11;
Amendment 668 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or servicnews and current affairs programmes shall not be sponsored. Members States shall prohibit the showing of a sponsorship logo during children's programmes, documentaries and religious programmes;;
Amendment 686 #
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. 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 audienceprogrammes.
Amendment 725 #
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 national and non-national works in their catalogue and ensure prominence of these works. The European non-national and national quota of 30% shall include works in the official languages of the territory in which they are or are distributed.
Amendment 742 #
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 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 State aid rules.
Amendment 780 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes;. The transmission of children's programmes shall not be interrupted by television advertising, nor teleshopping. No commercial communication shall be inserted whilst audiovisual works are streamed or up-loaded through video-on demand audiovisual services, which ask already for a consequent fee to access such works.
Amendment 807 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a clock hour shall not exceed 20 %.
Amendment 825 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point b
Article 23 – paragraph 2 – point b
Amendment 827 #
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
Article 23 – paragraph 2 – point c
Amendment 841 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – introductory part
Article 28 a – paragraph 1 – introductory part
Amendment 848 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a - paragraph 1 - point a
Article 28 a - paragraph 1 - point a
(a) protect minors from content whichWithout 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 any harmful content on their platforms to protect minors from content that may impair their physical, mental or moral development;.
Amendment 856 #
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) 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 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 origiial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 928 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter 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 952 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a - paragraph 8 a (new)
Article 28 a - paragraph 8 a (new)
8a. 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 974 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2010/13/EU
Chapter XI – title
Chapter XI – title
REGULATORY AUTHORITIES AND BODIES OF THE MEMBER STATES;
Amendment 979 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1
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 distinctfree from any governmental power or influence 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 988 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2– subparagraph 1
Article 30 – paragraph 2– subparagraph 1
Member States shall ensure that national regulatory bodies and authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversityand regional diversity, language preservation, consumer protection, internal market and the promotion of fair competition.
Amendment 998 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
‘4a. Member States shall ensure that national regulatory 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 1016 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a - paragraph 2
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 1023 #
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 Commission as to any matters related to audiovisual media services within the Commission's competence, and within the competence of the regulatory bodies and authorities that are members of ERGA. 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 1026 #
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 d
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 47 thereof;