33 Amendments of Sophia IN 'T VELD related to 2016/0151(COD)
Amendment 96 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 7, 10, 11, 21, 24, 26 and 52 thereof,
Amendment 126 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give legal certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent, be aligned towith 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 as well as those grounds not covered by Council Framework Decision 2008/913/JHA such as social origin, genetic features, language, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 128 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give certainty to 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 in accordance with the grounds contained in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 138 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including particular parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, or mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 140 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, or mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 255 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. Iaddition, the decision to remove such content, which is often dependent on a subjective interpretation, can undermine the freedom of expression and information. In this context, it is necessary, in order to protect minorcitizens from harmful content and all citizens from content containing incitement to violence or hatred hosted on video-sharing platforms, but also to protect and guarantee users' fundamental rights, to set out common and proportionate rules on those matters. Such rules should in particular further define at Union level the characteristics of "harmful content" and "incitement to violence orand hatred", to set out proportionate rules on those mattersaking into account the intention and effect of such content. Self- regulatory and co-regulatory measures implemented or approved by Member States or the European Commission should fully respect the obligations of the Charter of Fundamental Rights of the European Union , in particular Article 52 thereof.
Amendment 268 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content hostored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizenusers from 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, relethnic or social origion, descent or national or ethnic origin. genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 272 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizens from 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 or belief, age, disability, sexual orientation, gender identity, descent or national or ethnic origin.
Amendment 300 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriatrestrictive measures to protect minorcitizens from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child. Member States have a positive obligation to ensure that the balance of incentives for media service providers and video- sharing platform providers covered by this Directive is such that legal content, including content that can offend, shock or disturb, can be communicated. Similarly, age verification should only be required by law if necessary and proportionate and be implemented in a way which offers maximum protection for privacy.
Amendment 312 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims to enshrine the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government (e.g. they neither seek nor take instructions), operate in a transparent and accountable manner as set out in a law, and have sufficient powers.
Amendment 314 #
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural and functional 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, non-discrimination, transparency, the internal market and the promotion of fair competition.
Amendment 318 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 339 #
Proposal for a directive
Recital 39
Recital 39
(39) This DirectiveMember States, when implementing this Directive are under the obligation to respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect forMember States should ensure that no measure adopted in transpose this Directive directly or indirectly undermines the right to freedom of expression, the freedom to conduct a business, the right to judicial review and to promote the application of the rights of the child enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 340 #
Proposal for a directive
Recital 39
Recital 39
(39) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the right to freedom of expression, the freedom to conduct a business, the right to judicial review and to promote the application of the rights of the child and the right to non-discrimination enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 341 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Where it is apparent that national legislation is such as to obstruct the exercise of one or more fundamental freedoms guaranteed by the Treaties, it may benefit from the exceptions provided for by Union law in order to justify that fact only in so far as that complies with the fundamental rights enforced by the Court. That obligation to comply with fundamental rights manifestly comes within the scope of Union law and, consequently, within that of the Charter. The use by a Member State of exceptions provided for by Union law in order to justify an obstruction of a fundamental freedom guaranteed by the Treaties must, therefore, be regarded as 'implementing Union law' within the meaning of Article 51(1) of the Charter.
Amendment 578 #
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 means that audiovisual media services provided by media service providers under their jurisdiction do not contain 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, religion or belief, disability, age, or sexual orientation. or gender identity.";
Amendment 587 #
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 about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 588 #
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 about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 589 #
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 about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 711 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, or mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 713 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, or mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 2 a (new)
Article 12 – subparagraph 2 a (new)
Member States shall ensure that the measures implemented to protect minors from content that may impair their physical or mental development are necessary and proportionate and fully respect the obligations of the Charter of Fundamental Rights, in particular Title III and Article 52 thereof.
Amendment 851 #
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 which may impair their physical, or mental or moral development;
Amendment 853 #
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 which may impair their physical, or mental or moral development;
Amendment 857 #
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 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, relethnic or social origion, descent or national or ethnic origingenetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 862 #
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 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 or belief, sexual orientation, gender identity, descent or national or ethnic origin.
Amendment 888 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) definingspecifying the characteristics of and applying in the terms and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, or mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 897 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU (Audiovisual Media Services Directive)
Article 28 a – paragraph 2 – subparagraph 2 – point c
Article 28 a – paragraph 2 – subparagraph 2 – point c
(c) establishing and operating age verification systems for users of video- sharing platforms with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 926 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13EU
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, provided that any measure taken, for the purpose of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights, is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation. 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 980 #
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 authorities. Member States shall ensure that they are legally distinct and functionally independent ofrom the governments or 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 983 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall ensure that the nomination process of the Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority is transparent and guarantees the requisite degree of independence for the fulfilment of its functions.
Amendment 990 #
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 authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, non-discrimination, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 1002 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority, may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law and on the basis of a justified prior notification. A dismissal decision shall be made public and a statement of reasons shall be made available.