BETA

15 Amendments of Sabine VERHEYEN related to 2016/0151(COD)

Amendment 176 #
Proposal for a directive
Recital 13 a (new)
(13a) In order to ensure the effectiveness of this Directive, in particular as regards the editorial responsibility of media service providers, the integrity of programmes and services should be safeguarded. Others, who are not recipients of a service, should not modify programmes and services without the consent of the media service provider concerned.
2016/10/27
Committee: CULT
Amendment 214 #
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 230:00 should be introduced. It is also necessary, however, to maintain a sufficient level of consumer protection in that regard because such flexibility could expose viewers to an excessive amount of advertising during prime time. It may also decrease advertising revenues as well as reduce funding for the production of content. Stricter limits should therefore apply during the period from 20:00 to 23:00 with a limit of 20% of advertising within that particular period.
2016/10/27
Committee: CULT
Amendment 227 #
Proposal for a directive
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence. Member States should ensure that right holders under their jurisdiction label their audiovisual content that qualifies as European works as such in their metadata and make this information available to service providers.
2016/10/27
Committee: CULT
Amendment 324 #
Proposal for a directive
Recital 37
(37) The Commission should be free to consult ERGA and the contact committee on any matter relating to audiovisual media services and video- sharing platforms. ERGA shouldmay assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission shouldmay consult ERGA and the contact committee in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions to the Commission and the contact committee, including on jurisdiction and Unionany codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
2016/10/27
Committee: CULT
Amendment 327 #
Proposal for a directive
Recital 38
(38) This Directive is without prejudice to the ability ofencourages Member States to impose obligations to ensure discoverabilitythe appropriate prominence and accessibility 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 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 considerations.
2016/10/27
Committee: CULT
Amendment 413 #
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. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. Such measures may include selecting the time of their availability, age verification tools or other technical measures. The most harmful content shall be subject to the strictest measures. 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 428 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)
Directive 2010/13/EU
Chapter II – Article –2 f (new)
(2h) The following article is inserted: 'Article -2f 1. Member States shall, by appropriate means, ensure, within the framework of their legislation, that media service providers and video-sharing platform providers under their jurisdiction effectively comply with the provisions of this Directive. 2. Member States shall remain free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles -2 to -2e, Article 7, Article 13, Article 16, Article 17, Articles 19 to 26, Articles 30 and 30a provided that such rules are in compliance with Union law and in respect of communicative freedoms. 3. Member States shall encourage co- 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 broadly accepted by 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. 4. The Commission and ERGA shall encourage media service providers and video-sharing platform providers to exchange best practices on co-regulatory systems across the Union. 5. In co-operation with the Member States, the Commission shall facilitate the development of Union codes of conduct in consultation with the contact committee, ERGA, media service providers and video- sharing platform providers where appropriate. Draft Union codes of conduct and amendments or extensions to existing Union codes of conduct shall be submitted to the Commission by the signatories of these codes. The Commission shall publish those codes. 6. If a national independent regulatory body concludes that any code of conduct or parts of it have proven to be not effective enough the Member State of this regulatory body remains free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules in compliance with Union law and in respect of communicative freedoms. Such legislation has to be reported to the Commission without delay. 7. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of this Directive shall prevail, unless otherwise provided for in this Directive.'
2016/10/27
Committee: CULT
Amendment 452 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 - paragraph 5 b
5b. Where, in applying Articles 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an opinion on the matter within 15 working days from submission of the Commission's request. The opinion of ERGA should also be sent to the contact committee. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.
2016/10/27
Committee: CULT
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 1
The Commission shall, within threewo months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3 and after having consulted ERGA and the contact committee, take a decision on whether those measures are compatible with Union law. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within threone months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
2016/10/27
Committee: CULT
Amendment 542 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
(c) the Commission has decided, after having consulted the contact committee and ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 21 and 3 are correctly founded.
2016/10/27
Committee: CULT
Amendment 664 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 b (new)
(11a) The following article is inserted: 'Article 9b Member States shall ensure that the programmes and services of media service providers are not modified without their explicit consent except for services initiated by the recipient of a service for private use.';
2016/10/27
Committee: CULT
Amendment 798 #
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 230:00 shall not exceed 20 %. The proportion of television advertising spots and teleshopping spots within the period between 20:00 and 23:00 shall not exceed 20%.
2016/10/27
Committee: CULT
Amendment 971 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2010/13/EU
Article 29 – paragraph 1
1.(19a) In Article 29, paragraph 1, is replaced by the following: A contact committee is established 1. under the aegis of the Commission. It shall be composed of representatives of the competent bodies or authorities of the Member States and four Members of the European Parliament as observers, nominated every three years. It shall be chaired by a representative of the Commission and meet either on his initiative or at the request of the delegation of a Member State. (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 1 -Or. en that was not referred to in the Commission proposal.)
2016/10/27
Committee: CULT
Amendment 972 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point f
(f) to examine any development arising in the sector on which an exchange of views appears useful." (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 1,19a) In Article 29 (2), point f is replaced by the following: (f) to examine and give opinions to the Commission on any development arising in the sector on which an exchange of views appears useful." Or. en point f - that was not referred to in the Commission proposal.)
2016/10/27
Committee: CULT
Amendment 1040 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
By [date – no later than four years after adoption] at the latest, 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 Directive and, if necessary, make further proposals to adapt it to the developments in the field of audiovisual media services, in particular in the light of recent technological developments, the competitiveness of the sector as well as a report on practices, policies and accompanying measures supported by Member States in the field of media literacy.
2016/10/27
Committee: CULT