Activities of Jan Philipp ALBRECHT related to 2016/0151(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities
Amendments (24)
Amendment 48 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 7, 10, 11, 21, 24, 26, 47 and 52 thereof,
Amendment 54 #
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 bas as well as those grounds not covered by 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. These grounds are intended to further specify the characteristics of "publicly inciting to violence or hatred" but should not alone be considered as a basis for restricting the making available of audio-visual content. All circumstances, including the intention, should be taken into account, and freedom of expression, in particular artistic, literary and journalistic expression, should be respected.
Amendment 64 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
Amendment 66 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self-and co- regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. ThoseCo-regulatory systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 68 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of self- and co-regulatory measures aiming, in particular, at protecting consumers or public health. When well enforced and monitored, codes of conduct at Union level might be a good means of ensuring a more coherent and effective approach.
Amendment 77 #
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, being often dependent on a subjective interpretation, can undermine the freedom of expression and information. In this context, it is necessary, in order to protect minors 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 the fundamental rights of users, 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 and hatred", taking into account the intention and effect of such content. Co-regulatory measures implemented or approved by Member States or by the Commission should fully respect the obligations of the Charter of Fundamental Rights of the European Union, in particular Article 52 thereof. National regulatory bodies and authorities should retain effective enforcement powers.
Amendment 90 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation that is transparent and accountable should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. _________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 106 #
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 109 #
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 115 #
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
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 and approved by the national regulatory body or authority. The codes of conduct shall clearly and unambiguously set out their objectives and measures. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective and transparent enforcement, including when appropriate effective and proportionate sanctions. Member States shall ensure that in the event the co- regulation fails to achieve the desired level of protection, national regulatory bodies and authorities have effective enforcement powers, including through issuing binding codes of conduct and applying administrative sanctions.
Amendment 119 #
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.;.
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1
Article 12 – paragraph 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, or age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme and shall not lead to any additional processing of personal data and be without prejudice to Article 8 of Regulation (EU)2016/679.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 142 #
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 they have obtained actual knowledge of, which containings 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 origin. Member States shall ensure that all circumstances such as the intention are taken into account, and freedom of expression, in particular artistic, literary and journalistic expression, is respected.
Amendment 148 #
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. Member States shall ensure that measures based on terms and conditions are only permitted if national procedural rules provide a possibility for users to assert their rights before a court after learning of such measures;
Amendment 152 #
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 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. Such systems shall not lead to any additional processing of personal data and be without prejudice to Article 8 of Regulation (EU)2016/679;
Amendment 156 #
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 e
Article 28 a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems that are under the control of the end-users, with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 161 #
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 , provided that any measure taken is strictly limited to what is necessary and proportionate and is taken on the basis of prior judicial authorisation, notwithstanding Articles 14 and 15 of Directive 2000/31/EC or, Article 25 of Directive 2011/93/EU or Article 21b of Directive 2016/XXX/EU [replace with reference to Terrorism Directive once that is published and update Article number].
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
Article 28a – paragraph 6
6. Member States shall ensure that effective complaint and redress mechanisms, including counter-notice procedure, are available for the settlement of disputes between users and video- sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 164 #
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 BODIES AND AUTHORITIES OF THE MEMBER STATES;
Amendment 165 #
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 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
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 diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively.
Amendment 169 #
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 competence 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.