46 Amendments of Emma McCLARKIN related to 2016/0151(COD)
Amendment 107 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2010/13/EU should remain applicable only to thoseaudiovisual media services, the principal purpose of which is the provision of programmes in order to inform, entertain or educate, and which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting but, for example, provide and distribute the audiovisual content of private users for sharing in communities of interest, should not be included. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.
Amendment 113 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) On-demand audiovisual media services compete for the same audience as television broadcasts. The nature and means of access to those on-demand audiovisual media services would therefore lead the user reasonably to expect regulatory protection within the scope of Directive 2010/13/EU. In light of this fact, and in order to prevent disparities with regard to free movement and competition, the concept of "programme" should be interpreted in a dynamic way, taking into account developments in the provision of the content of audiovisual media services that are directed at a significant audience and considered mass media.
Amendment 119 #
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions on jurisdiction, in conjunction with national regulatory authorities, upon the Commission's request.
Amendment 157 #
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 may be of interpretative assistance to national regulatory authorities in the drafting of codes of conduct at Unational level might be a good means of ensuring a more coherent and effective approachand may help to improve coherence as regards the implementation of Directive 2010/13/EU.
Amendment 162 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Whilst potentially a beneficial tool in the interpretation and implementation of Directive 2010/13/EU, it is important that Union codes of conduct comply fully with the principles of subsidiarity and proportionality. Further public information, clarification and consultation on the functioning of Union codes of conduct is necessary before the Commission considers facilitating the development of such codes of conduct.
Amendment 173 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibilgreater clarity with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 177 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Independent audience measurement for audiovisual media services, including commercial communications, is needed to ensure adequate and transparent information to audiovisual media service providers and national regulatory authorities.
Amendment 191 #
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes, with a significant children’s audiencehich should be understood as programmes that are primarily produced for and aimed at children. In particular, evidence shows that product placement and embedded advertisements can affect children’'s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’'s audienceprogrammes. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 211 #
Proposal for a directive
Recital 19
Recital 19
Amendment 235 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring, where practical and by appropriate means, that their catalogues contain a minimum share of European works and that those are given enough prominence.
Amendment 240 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequatseek to improve levels of investment oin European works, Member States should be able tomay impose financial obligations ton on-demand service providers established owithin their territory. Thosejurisdiction. Those financial obligations can take the form of direct contributions to the production of and acquisition of rights in European works. The Member States could also impose levies payable to a fund, on the basis of the revenues made with on-demand services that are provided in and targeted towards their territory. This Directive clarifies that, given the direct link between financial obligations and Member States' different cultural policies, Member States are also allowed toIn accordance with the country of origin principle, Member States should only impose such financial obligations on providers of on- demand service providers established in another Member State which are targeted towards its territory. In this case financial obligations should only be charged on the revenues generated through the audience in that Member Statewithin their jurisdiction.
Amendment 244 #
Proposal for a directive
Recital 23
Recital 23
Amendment 246 #
Proposal for a directive
Recital 24
Recital 24
Amendment 259 #
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. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters without prejudice to Directive 2000/31/EC of the European Parliament and of the Council33a . __________________ 33aDirective 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 278 #
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, where it is demonstrated that those providers typically determine the organisation of the content, namely programmes or user- generated videos, including by automatic means or algorithms. Therefore, those providers, they 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 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.
Amendment 284 #
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 335 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act36a aims to enshrine these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 36a COM(2015)615 final.
Amendment 336 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 2010/13/EU
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) ‘'programme’' means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films, videos of short duration, sports events, situation comedies, documentaries, children’'s programmes and original drama; that target a significant audience as mass media;
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d a (new)
Article 1 – paragraph 1 – point 1 – point d a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(da) The following point is inserted: (bb) 'editorial decision' means a decision taken on a day-to-day basis for the purpose of exercising editorial responsibility;
Amendment 394 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Directive 2010/13/EU
Article 1 – paragraph 1 – point d a
Article 1 – paragraph 1 – point d a
(da) 'video-sharing platform provider' means the natural or legal person, without editorial responsibility, who provides a video-sharing platform service;;
Amendment 432 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 a
Article 2 – paragraph 5 a
5a. Member States shall communicate to the Commissiomaintain a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that Member States shall ensure that national regulatory authorities share such lists with the Commission and with other competent independent regulatory authorities have acc, via a central database, or by other appropriate means. Member States shall update such lists, without undue delay, whenever changess to this informatione audiovisual media service providers under their jurisdiction occur.
Amendment 580 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a
Article 6 a
Amendment 600 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 615 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(10a) The following article is inserted: 'Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.';
Amendment 636 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a reasonable expectation of a significant children’'s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 648 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate and in accordance with the principles of subsidiarity and proportionality, the Commission shall consider facilitateing the development of Union codes of conduct.;
Amendment 658 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. If considered appropriateWhere appropriate and in accordance with the principles of subsidiarity and proportionality, the Commission shall consider facilitateing the development of Union codes of conduct.
Amendment 683 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes, with a significant children's audience. hich should be understood as programmes produced for and aimed at children.
Amendment 707 #
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 ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, 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. For the implementation of paragraph 1, Member States shall encourage co-regulation. The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where this results in the recognition of common approaches, the Commission shall consider facilitating the development of Union codes of conduct, in accordance with the principles of subsidiarity and proportionality. Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, 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 731 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that, where practical and by appropriate means, providers of on-demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue and ensure prominence of these works.
Amendment 736 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rule within their territory, including via direct investment in content or contributions to national funds.
Amendment 811 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 821 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) self-promotional and cross- promotional announcements made by the broadcaster in connection with its own programmes, audiovisual services and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group;
Amendment 829 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
‘(ca) neutral frames used to distinguish between editorial content and commercial communications, and between commercial communications.’
Amendment 842 #
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 – introductory part
Article 28 a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing platform providers take appropriate measuresset out in a code of conduct the measures they will take to:
Amendment 871 #
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 1
Article 28 a – paragraph 2 – subparagraph 1
Amendment 881 #
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 – introductory part
Article 28 a – paragraph 2 – subparagraph 2 – introductory part
Amendment 894 #
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 b a (new)
Article 28 a – paragraph 2 – subparagraph 2 – point b a (new)
(ba) establishing and operating systems through which providers of video-sharing platforms explain to users of video- sharing platforms what effect has been given to the reporting and flagging referred to in point (b);
Amendment 904 #
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 f
Article 28 a – paragraph 2 – subparagraph 2 – point f
(f) establishing and operating systems through which providers of video-sharing platforms explain to users of video- sharing platforms what effect has been given to the reporting and flaggingtransparent, easy to use and effective procedures for the handling and resolution of disputes between the video- sharing platform provider and its users in relation to the implementation of the measures referred to in points (b) to (e) and the extent to which those measures conform with the code of conduct.
Amendment 907 #
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 a (new)
Article 28 a – paragraph 2 a (new)
2a. What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the 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 video- sharing platform providers and the users having created and/or uploaded the content as well as the public interest.
Amendment 914 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3 a (new)
Article 28 a – paragraph 3 a (new)
3a. Member States shall ensure that video-sharing platform providers conduct and publish regular audits of their performance in accordance with the code of conduct referred to in paragraph 1.
Amendment 922 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providersreport on the delivery and effectiveness of the measures taken in accordance with paragraphs 2 and 2a. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 933 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 6
Article 28 a – paragraph 6
Amendment 946 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conductshall give appropriate publicity to those codes of conduct in order to promote the exchange of best practice.