Activities of Jean-Marie CAVADA related to 2012/2300(INI)
Legal basis opinions (0)
Amendments (47)
Amendment 14 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the advent of connected TV has shaken up the traditional value chain and necessitates drawing up a new strategy;
Amendment 15 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the advancement of technological developments leads inevitably to increase of user autonomy, there is a growing necessity to ensure protection of exclusive rights and the integrity of the content;
Amendment 17 #
Motion for a resolution
Recital C
Recital C
C. whereas consumers’ interest in hybrid receiving systems is constantly growing, so that the opportunities for dissemination of (interactive) on-line services, which take their starting point as traditional TV services as regards their content or conception or are related to them in terms of scope,ranges of services are constantly and significantly increasing;
Amendment 22 #
Motion for a resolution
Recital D
Recital D
D. whereas the attention of each user is finite and, as theit the increasing number of services on offer rismakes, it becomesever more difficult to reach users, which means that access to and findability of services will be decisive for their succesviewers;
Amendment 27 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the number of services on offer is rising, and their success depends on the ease with which the public can access and locate them rapidly;
Amendment 28 #
Motion for a resolution
Recital E
Recital E
E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) do not yet take into account these newreflect this technological developments and whereas in particular graduaconvergence and instead regulation, which differentiates between television programmes (including webcasting and live streaming) and aucontinue to focus on the diovisual media services on demand, will become less important in its existing form, although differently regulated information and communications services are available on one and the same device, including services which do not fall within the scope of the Audiovisual Media Services Directive, which may result in unequal competitive conditions and unacceptable discrepancies in the protection of usersding lines between content and network and the multiple competent regulatory and supervisory authorities at European, national and regional level;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) do not yet take into account these neware based on the principle of technological developmentsneutrality, and whereas in particular graduated regulation, which differentiates between television programmes (including webcasting and live streaming) and audiovisual media services on demand, willmay become less important in its existing form, although differently regulated information and communications services are available on one and the same device, including services which do not fall within the scope of the Audiovisual Media Services Directive, which may result in unequal competitive conditions and unacceptable discrepancies in the protection of users;
Amendment 31 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas these new service providers will compete head-on against the traditional players in the sector, both by acquiring exclusive content, including on the European market, and by offering new services;
Amendment 33 #
Motion for a resolution
Recital F
Recital F
F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and competition and protecting children, as well as quality- and content-based regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 35 #
Motion for a resolution
Recital F
Recital F
F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and protecting children, and encouraging media service providers to guarantee accessibility to visually and hearing impaired as well as regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 37 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas high-quality connected TV services can only be provided if telecommunications operators offer sufficiently high speed links between the broadcasting servers and subscribers;
Amendment 38 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas guaranteeing fair competition in the context of linear and non-linear services on hybrid platforms is of utmost importance, there is a need to ensure that European works do not find themselves underprivileged to obtain access to this new environment;
Amendment 45 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas any means of adapting the market to favour creation and innovation in Europe should be encouraged;
Amendment 46 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas new market players providing audiovisual content on the same media in competition with long- established European broadcasters should abide by the same rules as they do;
Amendment 47 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the development of hybrid systems combining TV and the Internet will allow users to browse indiscriminately between TV channels and the Internet, including websites illegally offering audiovisual content;
Amendment 54 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in the Audiovisual Media Services Directive and, insofar as necessary, in a supplementary manner in additional EU legal acts, to lay down provisions regulating services which will control the availability of, and access to, audiovisual media services and other communications services or their representation on hybrid receiving devices, so as to prevent producers of such receiving devices or suppliers of the services in question from exploiting their gatekeeper position in a way which discriminates against to evaluate to what extent it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non- discriminatory access to platforms, expanding the concept of platforms and developing legislation on media concentration in order to adapt the existing instruments to new constent providerllations;
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in the Audiovisual Media Services Directive and, insofar as necessary, in a supplementary manner in additional EU legal acts, to lay down provisions regulating services which will control the availability of, and access to, audiovisual media services and other communications services or their representation on hybrid receiving devices, so as to prevent producers of such receiving devices or suppliers of the services in question from exploiting their gatekeeper position in a way which discriminates against content providers; and cuts them off from their viewers;
Amendment 61 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the impact of the advent of connected TV on the value of goods traded and the remuneration of creators must be studied in depth, in terms of trends in the price of content as well as the proportion of remuneration collected by search engines and the nature of the programmes broadcast;
Amendment 62 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 67 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission, in the context of a possible revision of Directive 2010/13/EU, or in any future legislation, to continue its efforts to safeguard press freedom by expressly excluding electronic versions of newspapers and magazines from the scope of such legal provisions, as is currently the case under this directive;
Amendment 68 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legis to consider which regulatory mechanisms are still necessary and useful against the background of convergence and which should perhaps be newly implemented, whereby the objective of convergent regulation should be to remove existing overregulation, to and create a level playing field for all content and service providers, taking account of the following minimum requirements, so as to ensure fair competition among content providers and guarantee users the chance to choose among a wide range of high-quality services on a footing of equal opportunity and without discrimination;
Amendment 73 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission, in the event of a review of the Audiovisual Media Services Directive, to ensure fair competition between all content providers;
Amendment 74 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the development strategy of these new market players will lead to an increased range of content by combining long-established TV channels with the plethora of content available on the Internet;
Amendment 75 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 79 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to review the provisions of the Audiovisual Media Services Directivehave an eye to future challenges of Connected TV, in ter alia with reference toms of the competitiveness in the industry, and particularly to fully exploit the opportunities afforded by liberalisation orby accessing greater flexibility of quantitative rules on advertising;
Amendment 88 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the Audiovisual Media Services Directive has already considerably relaxed some of the rules relating to broadcast advertising;
Amendment 89 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises that it is vital for the public sector to remain exempt from restrictions on advertising funding in order for it to retain its independence, and calls on the Member States to support efforts to provide funding for that sector;
Amendment 90 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that new advertising strategies that use new technologies to increase their effectiveness (screenshots, consumer profiling, multi-screen strategies) raise the issue of protecting consumers, their private lives and their personal data; with this in mind, emphasises that there is a need to come up with a set of consistent rules to apply to these strategies;
Amendment 91 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages Europe’s audiovisual industry to continue to develop consistent, attractive services, especially on-line, so as to enrich the range of European audiovisual content on offer;
Amendment 96 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure in the Audiovisual Media Services Directive that Member States are given the opportunity to grantxamine whether and how those content providers can be granted an appropriately privileged status with regard to findability on hybrid platforms (including portals, home pages and EPGs) to which the Member States assign a public broadcasting remit or which help to promote objectives in the public interest, particularly tosuch as ensureing media pluralism and cultural diversity, or which lastingly and demonstrably undertake to carry out duties in the public interest which maintain the quality and independence of reporting and promote diversity of opinion, in which connection service providers with the highest aspirations to comply with such obligations should also be assigned the most prominent position on platforms;.
Amendment 98 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that, in this environment in which many services are on offer, it is important that the best possible referencing is provided for European services, which, furthermore, are the most capable of promoting the objective of cultural diversity;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen self- regulatory approaches can enable the aforesaid regulatory objectives of the Audiovisual Media Services Directive, in particular as regards the protection of young people and human dignity, to be attained in a lasting fashion;
Amendment 105 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned, in this context, by the increased level of competition resulting from the presence of international players that are not subject to European rules and obligations;
Amendment 106 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. To avoid any distortion of competition, recommends that the same rules should apply to the same services, irrespective of the medium of transmission;
Amendment 108 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure that these platforms are operated on the basis of an open, non-proprietary standard, in a way which accords with market conditions entailing fair competition and accords with consumer demand;
Amendment 109 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure that these platforms are operated on the basis of an open, non-proprietaryinteroperable standard, in a way which accords with market conditions entailing fair competition and accords with consumer demand;
Amendment 113 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. In this context, emphasises the need for consideration to be given to the development of the regulatory framework, to the ways of regulating connected TV and to the content referencing systems;
Amendment 114 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for connected TV platform regulation which guarantees access to and integrity of broadcasters’ content, transparency for consumers and the application of a basic code of ethics (e.g. protection of minors and of private life);
Amendment 115 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and Member States to advance media literacy of all EU citizens, in particular, through initiatives and coordinated actions aimed at increasing understanding of linear and non-linear media services;
Amendment 116 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission and Member States to ensure that measures are taken, in particular, by device manufacturers and service providers to improve accessibility to linear and non-linear media services for elderly people and people with a disability such as the hard of hearing and the visually impaired;
Amendment 117 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to ensureTakes the view that platform services and portal services arshould be interoperable, so that, if possible, content need only be prepared once, irrespective of the particular device manufacturer or service provider,in order to givinge third parties equalthe opportunitiesy, without discrimination, to produce and market their own applications, irrespective of the medium of transmission;
Amendment 118 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends that all the European audiovisual services provided by these new players in the shape of distributors, aggregators or publishers should be more visible and better referenced on their platforms;
Amendment 123 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Draws attention to the effects of the disparities between VAT systems at European level, which will be further accentuated with the arrival of connected TV, and stresses the need to adopt a competitive joint VAT system across all the Member States;
Amendment 124 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to ensure, in a legally binding manner, compliance with the principles of internet neutrality, which is vital where media convergence is concerned;
Amendment 128 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to safeguard by law the integrity of linear and non-linear services on hybrid platforms and in particular to prohibit the overlay or scaling of these services with third-party content, unless the latter have been authorised by the content provider and explicitly initiatexplicitly initiated by the user, and, in the case of commercial communications, authorised by the usbroadcaster; points out that unauthorised use or dissemination by third parties of the content or broadcast signals of a provider must likewise be prevented;
Amendment 129 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to consider measures to take account of the risk of unauthorised sites being referenced on portals and search engines;
Amendment 136 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed and that monitoring and exploitation of the user’s behaviour by manufacturers of devices or by third parties is not normally allowed, being permitted only with the witting and unambiguous consent of the userconsistent with the data protection rules in force;