BETA

20 Amendments of Julie WARD related to 2016/0151(COD)

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,
2016/10/27
Committee: CULT
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,
2016/10/27
Committee: CULT
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.
2016/10/27
Committee: CULT
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
2016/10/27
Committee: CULT
Amendment 207 #
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.deleted
2016/10/27
Committee: CULT
Amendment 410 #
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. The most harmful content, such as gratuitous violence or pornography, shall not be included in television broadcasts by broadcasters and, in the case of on demand media services, shall be subject to the strictest measures, such as encryption and effective parental controls. Such measures shall include selecting the time of their availability, age verification tools or other technical measures, including parental control tools by default. Such content shall in any case only be made available in such a way as to ensure that minors will not normally hear or see it. 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.'
2016/10/27
Committee: CULT
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
(2) 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, in particular shall not expose minors to aggressive, misleading and intrusive advertising; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) encourage behaviour prejudicial to health or safety, in particular for children as regards foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines; (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 and facilitate exchange of best practices across the Union’
2016/10/27
Committee: CULT
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, or both;
2016/10/27
Committee: CULT
Amendment 603 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
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 disabilities including visual or hearing impairments, aiming to provide, five years after the entry into force of this Directive: (i) at least 75 % of the overall programming with subtitles for the deaf and hard of hearing (SDH); (ii) at least 75 % of the overall programming subtitled into the national language shall include spoken subtitles; (iii) at least 15 % of the overall programming with audio description and spoken subtitles; (iv) at least 5 % of the overall programming with sign language interpretation; 2. Every following year the audiovisual media service providers shall increase the provision of access services as follows: (i) 5 % more of the overall programming with SDH; (ii) 5 % more of the overall programming subtitled into the national language with spoken subtitles; (iii) 2 % more of the overall programming with audio description; (iv) 2 % more of the overall programming with sign language interpretation. 3. The access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating the accessible content in the least common time slots for the general audience. Audiovisual media service providers should be encouraged to consult user organisations, including those representing persons with disabilities, to prioritise the programmes to be made accessible. 4. Where a programme includes access services, these shall be clearly indicated in the programme information, as well as in the electronic programming guide. 5. The audiovisual media service providers shall ensure that the Electronic Programming Guides are accessible for persons with disabilities. 6. The audiovisual media service providers shall provide accessible information about their services and, in particular, shall list and explain how to use the accessibility features of the services, including the complementarities with assistive technologies and other access services provided by a third party. 7. With regard to the implementation of this Article, Member States shall encourage the development of self- and co-regulatory codes of conduct, in consultation with users' organisations, including those representing persons with disabilities. The Commission and ERGA shall encourage media service providers to exchange best practices on self- regulatory systems across the Union. These should tackle quality requirements for: (i) subtitles for the deaf and hard of hearing that are well synchronised with the audiovisual content, readable, accurate and comprehensible in order to effectively reflect the audio information. This includes setting up quality specifications covering at least the font type, font size, contrast and use of colours as well as, where possible, the necessary requirements to ensure users' control over the SDH; (ii) audio description and spoken subtitles that are well synchronized with the audiovisual content. This includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles, as well as the necessary requirements to ensure users' control over them; (iii) sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information. This includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided. Where possible, requirements to ensure users' control over the signing provision shall be adopted. 8. 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.';
2016/10/27
Committee: CULT
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 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 nutriould effectively minimise the exposure of children and minors to audiovisual commercial communications for foods and non-alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars in television broadcasts, on- demand audiovisual media services and video-sharing platform services, by introducing legislational or physiological effect, excessive inencouraging the development of co-regulatory codes of conduct. Member Staktes of which in the overall diet are not recommended, in particular fat, trans- fatty acids, salt or sodium and sugarsare encouraged to use the WHO Regional Office for Europe's nutrient profile model to differentiate foods and non-alcoholic beverages on the basis of their nutritional composition.
2016/10/27
Committee: CULT
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;’
2016/10/27
Committee: CULT
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.’
2016/10/27
Committee: CULT
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 appropriate for objective reasons in the public interest, whole or partial deferred coverage. (The amendment seeks to amend a provision within the existing act - Article 14, paragraph 1," Or. en point n - that was not referred to in the Commission proposal.)
2016/10/27
Committee: CULT
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.’ (The amendment seeks to amend a provision within the existing act - Article 17 - that was notOr. en referred to in the Commission proposal)
2016/10/27
Committee: CULT
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 within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
2016/10/27
Committee: CULT
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;’
2016/10/27
Committee: CULT
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 authoritiesbodies as far as necessary for the application of this Directive. Member States shall ensure that they are legally distincseparated 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.
2016/10/27
Committee: CULT
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.
2016/10/27
Committee: CULT
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.’
2016/10/27
Committee: CULT
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 47 thereof;
2016/10/27
Committee: CULT