BETA

14 Amendments of Monika HOHLMEIER related to 2016/0151(COD)

Amendment 57 #
Proposal for a directive
Recital 8 a (new)
(8a) In order to achieve a true digital single market, further efforts are needed in the field of improving media literacy among citizens, therefore the Commission and the Member States should strengthen their efforts to promote it among all EU citizens, in particular children and minors through initiatives and coordinated actions, in order to increase the understanding of audiovisual media services.
2016/12/06
Committee: LIBE
Amendment 58 #
Proposal for a directive
Recital 8 b (new)
(8b) Member States are encouraged to take all the necessary measures in order to promote media education, which provides knowledge and skills and empowers citizens to exercise their right to freedom of expression, to analyse media content and to react to disinformation. In this regard, it is important to strengthen the knowledge on all levels of the educational system and to encourage people to active citizenship and to develop their awareness as media consumers.
2016/12/06
Committee: LIBE
Amendment 61 #
Proposal for a directive
Recital 9 a (new)
(9a) The consumption of linear TV channels in Europe remains prominent in comparison to other media services, as demonstrated by the study "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016, which shows an overall good condition of linear TV in Europe, with the number of available linear TV channels in 2015 increasing on average of 46% compared to 2009;
2016/12/06
Committee: LIBE
Amendment 62 #
Proposal for a directive
Recital 9 b (new)
(9b) There has been a slight decrease in Europe of the fruition by young people of linear TV channels, as demonstrated by the study " Measurement of Fragmented Audiovisual Audiences", published by the European Audiovisual Observatory in November 2015, which shows in 2014 an average decrease in the European Union of only 4% of young people aged 12-34, compared to 2011;
2016/12/06
Committee: LIBE
Amendment 63 #
Proposal for a directive
Recital 9 c (new)
(9c) A ban for television broadcasts by broadcasters under their jurisdiction for programmes which might seriously impair the physical, mental or moral development of minors and technical measures in the case of on-demand services have been adopted by all Member States, as demonstrated by the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015;
2016/12/06
Committee: LIBE
Amendment 80 #
Proposal for a directive
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. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or, to the commission of a terrorist offence, to hatred, to set out proportionate rules on those matters.
2016/12/06
Committee: LIBE
Amendment 87 #
Proposal for a directive
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, mental or moral development and protect all citizens from incitement to violence or, to the commission of a terrorist offence, to 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.
2016/12/06
Committee: LIBE
Amendment 92 #
Proposal for a directive
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation 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, to the commission of a terrorist offence, to 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).
2016/12/06
Committee: LIBE
Amendment 96 #
Proposal for a directive
Recital 31
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to violence or, to the commission of a terrorist offence, to 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.
2016/12/06
Committee: LIBE
Amendment 107 #
Proposal for a directive
Recital 42 a (new)
(42a) Member States should take all the necessary measure to ensure the correct, timely and effective transposition and application of this Directive.
2016/12/06
Committee: LIBE
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
(2a) The following article is inserted: 'Article 1a 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. The most harmful content, such as gratuitous violence or pornography, shall not be included in television broadcasts by broadcasters and, in the case of on demand media services, shall be subject to the strictest measures, such as encryption and effective parental controls. Such measures shall include selecting the time of their availability, age verification tools or other technical measures, including parental control tools by default. Such content shall in any case only be made available in such a way as to ensure that minors will not normally hear or see it. 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.'
2016/12/06
Committee: LIBE
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
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, to the commission of a terrorist offence, to 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.;
2016/12/06
Committee: LIBE
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point g a (new)
(-a) In paragraph (1), following point (h) is inserted: (ga) audiovisual commercial communications for gambling services shall not be aimed specifically at minors and shall carry a clear 'no underage gambling' message indicating the minimum age below which gambling is not permissible.
2016/12/06
Committee: LIBE
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or, to the commission of a terrorist offence, to 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.
2016/12/06
Committee: LIBE