34 Amendments of Pervenche BERÈS related to 2016/0151(COD)
Amendment 195 #
Proposal for a directive
Recital 17
Recital 17
(17) The rule that a product should not be given undue prominence has proved difficult to apply in practice. It also restricts the take-up of product placement which, by definition, involves some level of prominent exposure to be able to generate value. The requirements for programmes containing product placement should thusmust therefore focus on clearly informing the viewers of the existence of product placement and on ensuring that the audiovisual media service provider's editorial independence is not affected.
Amendment 206 #
Proposal for a directive
Recital 19
Recital 19
Amendment 242 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequate levels of investment on European works, Member States should be ableare authorised 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. 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 248 #
Proposal for a directive
Recital 24
Recital 24
(24) When Member States impose financial contributions to providers of on- demand services such contributions shallould seek an adequate promotion of European works. while avoiding risks of double imposition for service providers. With this view, 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.
Amendment 330 #
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 discoveraaccessibility and accessithe appropriate level of discoverability of content of general interest under defined general interest objectives such as media pluralism, freedom of speechdemocratic, social and cultural diversityobjectives. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerationbe proportionate and should meet general interest objectives in conformity with Union law, such as media pluralism, freedom of expression and cultural diversity, clearly defined by Member States.
Amendment 346 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Programmes and services of media providers should be distributed in full, unaltered and without breaks, and should not be modified without the consent of the media service providers concerned. Furthermore, to ensure that the provisions of the directive are effectively implemented and to protect the editorial responsibility of media service providers and promote the audiovisual value chain, the integrity of programmes and media service providers should be guaranteed by law.
Amendment 359 #
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 i
Article 1 – paragraph 1 – point a a – point i
(i) the service consists of: – the storage – or provision of access through streaming of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 369 #
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 ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the organisation of the stored content stored or rendered accessible through streaming is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 374 #
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 or one that is devolved to it or plays a significant role in it is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 517 #
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 30ain the fields covered by this Directive, provided that such rules are in compliance with Union law.
Amendment 553 #
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 1
Article 4 – paragraph 7 – subparagraph 1
"7. Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions. Where co-regulation and self-regulation prove to be ineffective, the national regulatory authorities must in all circumstances be able to exercise their effective powers.
Amendment 565 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/13/EU
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. This Directive is without prejudice to the capacity of Member States to impose obligations to ensure the accessibility and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity.
Amendment 575 #
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 and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit or to seek to justify terrorist acts.;
Amendment 613 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; "replaced by the following: ‘Article 7 Member States shall encourage media service providers under their jurisdiction to ensure that their services are gradually made accessible to people with a visual or hearing disability. (Amendment aimed at amending a provision within the existing legislation – Article 7 – thattake the necessary and appropriate steps to ensure that media providers under their jurisdiction increase in a constant and stepwise manner their general supply of services and content adapted to suit people with a visual or hearing disability.”; Or. fr was not referenced in the Commission proposal)
Amendment 704 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States shall ensure that media providers’ programmes and services are not modified without their consent, such as through ‘cover-up’ advertising or similar practices.
Amendment 724 #
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 promintheir visibility. Member States may require their providers of on-demand audiovisual media services which are established in another Member State but target audiences ofn these worksir territory to include a proportion of European audiovisual works as laid down in the Member State targeted.
Amendment 747 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall ensure that providers of on-demand audiovisual media ensure the prominence of European works in their catalogues. This could take the form of: (a) a section accessible straight from the home page which is devoted to European works; (b) a minimum number or percentage of European works available on the home page; (c) the promotion of such works by means of recommendation and promotion tools or services available as part of the on-demand audiovisual media services. Member States may require providers of on-demand audiovisual media services which are established in another Member State but target audiences on their territory to apply the measures for ensuring the visibility of European audiovisual works as laid down in the Member State targeted.
Amendment 782 #
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, or sponsorship once for each scheduled period of at least 230 minutes.”;
Amendment 804 #
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 proportionpercentage of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20%. and sponsorship spots within any one clock hour shall not exceed 20%, that is to say 12 minutes.
Amendment 820 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
(a) self-promotion and transpromotional announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media groupother services containing content, including those of other entities belonging to the same media group or those in which the broadcaster depicts the interest of the material;
Amendment 824 #
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 832 #
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) neutral frames used to separate advertising spots.”;
Amendment 844 #
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
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing platform providers take appropriate real and effective measures to:
Amendment 850 #
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 all minors from content which may impair their physical, mental or moral development;
Amendment 855 #
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 and audiovisual commercial communications offending against human dignity and containing incitement to violence or hatred directed againsttowards a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origiethnic or social origins, genetic characteristics, language, religion or beliefs, political views or any other opinion, membership of a national minority, wealth, birth, a disability, age, or sexual orientation.
Amendment 867 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content containing incitement to commit, or seeking to justify, terrorist acts.
Amendment 868 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from audiovisual commercial communications which might impair their physical, mental, or moral development.
Amendment 918 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30. Where co-regulation and self-regulation prove to be ineffective, the national regulatory authorities may exercise their effective powers.
Amendment 931 #
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 measuresbe precluded from imposing more detailed or stricter measures on video-sharing platform providers, in particular 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 951 #
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. Member States shall ensure that video-sharing platform providers take on the same obligations as media service providers, in accordance with the provisions laid down in Articles 9-11 for audiovisual commercial communications made available on their platform, given that: – they are based on an economic model that is similar to that of audiovisual media service providers, – they are involved in the sale and placement of audiovisual commercial communications – or share in the resultant operating income.
Amendment 953 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 1
Article 28 b – paragraph 1 – subparagraph 1
Member States shall ensure that video- sharing platform providers: (a) which are not established on their territory, but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory, (b) which are established in another Member State but target audiences on their territory, are deemed to have been established on their territory for the purposes of Article 3(1) of Directive 2000/31/EEC.
Amendment 955 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 2
Article 28 b – paragraph 1 – subparagraph 2
Amendment 956 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 3
Article 28 b – paragraph 1 – subparagraph 3
Amendment 960 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. Member States shall communicate to the Commission a list of the video- sharing platform providers established on their territory andr deemed to be established on their territory in accordance with the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities have access to this information.