Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CULT | KAMMEREVERT Petra ( S&D) | VERHEYEN Sabine ( PPE), HIRSCH Nadja ( ALDE), TRÜPEL Helga ( Verts/ALE), MCCLARKIN Emma ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted by 525 votes to 62 with 24 abstentions a resolution on connected TV.
It notes that the current provisions of Audiovisual Media Services Directive (Directive 2010/13/EU) do not yet reflect ongoing technological convergence, a situation which may result in unequal competitive conditions and unacceptable discrepancies in the protection of users and raises fresh questions - regardless of media type - of content access, dissemination method and findability . Members note that the regulatory objectives of the Audiovisual Media Services Directive – particularly those of ensuring diversity of opinion and of the media, protecting children, encouraging media service providers to guarantee accessibility to the visually and hearing impaired, and safeguarding fair competition, as well as quality-and content-based regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle. However, the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use made possible by hybrid receiving systems, combining TV and the internet which will allow users to browse indiscriminately between TV channels and the internet, including websites illegally offering audiovisual content. The range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation of advertising and programmes, and rules on the insertion of advertising.
In this context, Parliament calls on the Commission to evaluate the extent to which it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non-discriminatory access to platforms, for content providers and content developers as well as for users, expanding the concept of platforms, and to adapt the existing instruments to new constellations. Furthermore, the concept of media services defined in Article 1 of the Audiovisual Media Services Directive should be defined in such a way that the need for regulation by Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact , particularly their relevance to opinion-forming and to diversity of opinion, as well as on the basis of editorial responsibility.
Parliament calls on the Commission to:
· provide a breakdown, of which regulatory mechanisms are still necessary against the background of convergence and which should perhaps be established in order to create a level playing field for all content and service providers, so as to ensure fair competition among content providers and guarantee users the chance to choose, from among a wide range of high-quality services;
· ensure that the ban on the violation of human dignity, the ban on incitement to hatred, protection against discrimination and the principle of barrier-free access to apply in the same way to all forms of media content;
· consider whether the principle of the division between advertising and programme content can be maintained across all types of media or whether the aim of providing protection could be better achieved by making advertising and programme content clearly recognisable and clearly distinguishable across all types of media;
· consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen co- and self-regulatory approaches can enable the regulatory objectives of the Audiovisual Media Services Directive to be attained in a lasting fashion, while at the same time maintaining the necessary flexibility for fair competition among media service providers. It is stressed that compliance with the measures must be monitored and the assessment of their effectiveness must be carried out by an independent regulator;
· ensure that platforms are operated on the basis of open interoperable standards in a way which accords with market conditions and the general interest, entailing fair competition. The committee feels that platform services and portal services should be interoperable, in order to give third parties the opportunity, without discrimination, to produce and market their own applications, irrespective of the medium of transmission;
· ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices that are sold in or imported into the EU is guaranteed in principle and that it is in full compliance with EU rules on privacy and data protection.
· exclude audiovisual media services from liberalisation measures negotiated as part of international trade agreements;
· pay due attention to important audience protection issues such as the protection of minors, noting that Electronic Programme Guides may be a possible platform on which to address these issues.
Lastly, Parliament calls on Member States, in the negotiations on the multiannual financial framework, to reconsider the cut in funding, from the figure of EUR 9.2 billion originally proposed to EUR 1 billion, for DG Connect, CNECT, in order to cover the further development of telecommunications infrastructure.
The Committee on Culture and Education adopted the own-initiative report Petra KAMMEREVERT (S&D, DE) on connected TV.
It notes that the current provisions of Audiovisual Media Services Directive (Directive 2010/13/EU) do not yet reflect ongoing technological convergence, a situation which may result in unequal competitive conditions and unacceptable discrepancies in the protection of users and raises fresh questions - regardless of media type - of content access, dissemination method and findability . Members note that the regulatory objectives of the Audiovisual Media Services Directive – particularly those of ensuring diversity of opinion and of the media, protecting children, encouraging media service providers to guarantee accessibility to the visually and hearing impaired, and safeguarding fair competition, as well as quality-and content-based regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle. However, the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use made possible by hybrid receiving systems, combining TV and the internet which will allow users to browse indiscriminately between TV channels and the internet, including websites illegally offering audiovisual content. The range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation of advertising and programmes, and rules on the insertion of advertising.
In this context, the committee calls on the Commission to evaluate the extent to which it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non-discriminatory access to platforms, for content providers and content developers as well as for users, expanding the concept of platforms, and to adapt the existing instruments to new constellations. Furthermore, the concept of media services defined in Article 1 of the Audiovisual Media Services Directive should be defined in such a way that the need for regulation by Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact , particularly their relevance to opinion-forming and to diversity of opinion, as well as on the basis of editorial responsibility.
The report calls on the Commission to:
provide a breakdown, of which regulatory mechanisms are still necessary against the background of convergence and which should perhaps be established in order to create a level playing field for all content and service providers, so as to ensure fair competition among content providers and guarantee users the chance to choose, from among a wide range of high-quality services; ensure that the ban on the violation of human dignity, the ban on incitement to hatred, protection against discrimination and the principle of barrier-free access to apply in the same way to all forms of media content; consider whether the principle of the division between advertising and programme content can be maintained across all types of media or whether the aim of providing protection could be better achieved by making advertising and programme content clearly recognisable and clearly distinguishable across all types of media; consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen co- and self-regulatory approaches can enable the regulatory objectives of the Audiovisual Media Services Directive to be attained in a lasting fashion, while at the same time maintaining the necessary flexibility for fair competition among media service providers. It is stressed that compliance with the measures must be monitored and the assessment of their effectiveness must be carried out by an independent regulator; ensure that platforms are operated on the basis of open interoperable standards in a way which accords with market conditions and the general interest, entailing fair competition. The committee feels that platform services and portal services should be interoperable, in order to give third parties the opportunity, without discrimination, to produce and market their own applications, irrespective of the medium of transmission; ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices that are sold in or imported into the EU is guaranteed in principle and that it is in full compliance with EU rules on privacy and data protection, as the processing of personal data is only lawful if, and to the extent that, consent is given by the user. Members feel that analyses of user behaviour and the establishment of user profiles using complete IP addresses (including geo-location) should be allowed only with the witting and unambiguous consent (opt-in) of the user. This must be ensured by legislation; exclude audiovisual media services from liberalisation measures negotiated as part of international trade agreements.
Lastly, the report calls on Member States, in the negotiations on the multiannual financial framework, to reconsider the cut in funding, from the figure of EUR 9.2 billion originally proposed to EUR 1 billion, for DG Connect, CNECT, in order to cover the further development of telecommunications infrastructure.
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T7-0329/2013
- Committee report tabled for plenary: A7-0212/2013
- Amendments tabled in committee: PE504.076
- Committee draft report: PE504.075
- Committee draft report: PE504.075
- Amendments tabled in committee: PE504.076
Activities
- Anni PODIMATA
Plenary Speeches (2)
- 2016/11/22 Connected TV (short presentation)
- 2016/11/22 Connected TV (short presentation)
- Zoltán BAGÓ
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
- Piotr BORYS
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
- Nadja HIRSCH
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
- Emma McCLARKIN
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
- Iosif MATULA
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
- Andreas MÖLZER
Plenary Speeches (1)
- 2016/11/22 Connected TV (short presentation)
Votes
A7-0212/2013 - Petra Kammerevert - § 3 #
A7-0212/2013 - Petra Kammerevert - § 17 #
A7-0212/2013 - Petra Kammerevert - § 20 #
A7-0212/2013 - Petra Kammerevert - § 25 #
A7-0212/2013 - Petra Kammerevert - § 30 #
A7-0212/2013 - Petra Kammerevert - § 32/2 #
A7-0212/2013 - Petra Kammerevert - § 33 #
A7-0212/2013 - Petra Kammerevert - § 37 #
A7-0212/2013 - Petra Kammerevert - § 43 #
A7-0212/2013 - Petra Kammerevert - Résolution #
Amendments | Dossier |
149 |
2012/2300(INI)
2013/03/21
CULT
149 amendments...
Amendment 1 #
Motion for a resolution Citation 15 a (new) – having regard to its resolution of 15 June 2010 on the Internet of Things1,
Amendment 10 #
Motion for a resolution Recital B B. whereas it is becoming possible for linear and non-linear audiovisual services and numerous other communications services to be used on one and the same screen, combined seamlessly and consumed simultaneously, in parallel
Amendment 100 #
Motion for a resolution Paragraph 6 6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards incentive schemes and strengthen self- regulatory approaches can enable the aforesaid regulatory objectives of the Audiovisual Media Services Directive to be attained in a lasting fashion;
Amendment 101 #
Motion for a resolution Paragraph 6 6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen self-
Amendment 102 #
Motion for a resolution Paragraph 6 6. Calls on the Commission and Member
Amendment 103 #
Motion for a resolution Paragraph 6 6. Calls on the Commission and Member States, in addition to such
Amendment 104 #
Motion for a resolution Paragraph 6 6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards
Amendment 105 #
Motion for a resolution Paragraph 6 a (new) 6a. Is concerned, in this context, by the increased level of competition resulting from the presence of international players that are not subject to European rules and obligations;
Amendment 106 #
Motion for a resolution Paragraph 6 a (new) 6a. To avoid any distortion of competition, recommends that the same rules should apply to the same services, irrespective of the medium of transmission;
Amendment 107 #
Motion for a resolution Paragraph 7 7.
Amendment 108 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that these platforms are operated
Amendment 109 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that these platforms are operated on the basis of
Amendment 11 #
Motion for a resolution Recital B B. whereas
Amendment 110 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that these platforms are operated on the basis of an
Amendment 111 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that these platforms are operated on the basis of an open
Amendment 112 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure that these platforms are operated on the basis of an open, non-proprietary standard, in a way which accords with market conditions and the general interest, entailing fair competition and accords with consumer demand;
Amendment 113 #
Motion for a resolution Paragraph 7 a (new) 7a. In this context, emphasises the need for consideration to be given to the development of the regulatory framework, to the ways of regulating connected TV and to the content referencing systems;
Amendment 114 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls for connected TV platform regulation which guarantees access to and integrity of broadcasters’ content, transparency for consumers and the application of a basic code of ethics (e.g. protection of minors and of private life);
Amendment 115 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission and Member States to advance media literacy of all EU citizens, in particular, through initiatives and coordinated actions aimed at increasing understanding of linear and non-linear media services;
Amendment 116 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls on the Commission and Member States to ensure that measures are taken, in particular, by device manufacturers and service providers to improve accessibility to linear and non-linear media services for elderly people and people with a disability such as the hard of hearing and the visually impaired;
Amendment 117 #
Motion for a resolution Paragraph 8 8.
Amendment 118 #
Motion for a resolution Paragraph 8 a (new) 8a. Recommends that all the European audiovisual services provided by these new players in the shape of distributors, aggregators or publishers should be more visible and better referenced on their platforms;
Amendment 119 #
Motion for a resolution Paragraph 8 a (new) 8a. Takes the view that the growing concentration of ownership in the areas of network infrastructure, radio and television stations and newspapers and magazines and of internet service providers, manufacturers of devices and platform providers may serve to undermine media pluralism and freedom of information, and calls on the Commission and the Member States, therefore, to take account of these areas, including non-linear services, when monitoring mergers in the media sector;
Amendment 12 #
Motion for a resolution Recital B a (new) Ba. whereas the particular social significance of linear television and media services means that an independent regulatory framework for the media will still be necessary in the future, since this is the only way of taking proper account of this important role and ensuring diversity of opinion and of the media in the Member States;
Amendment 120 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to ensure in a legally binding manner that all content is as a matter of principle made available to the same quality standard on networks and platforms
Amendment 121 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to ensure in a legally binding manner that all legal content is as a matter of principle made available to the same quality standard on networks and platforms unless a measure entailing positive or negative discrimination demonstrably serves the public interest in the case of the dissemination of particular
Amendment 122 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Commission to take legally binding measures to ensure that network operators systematically treat all data packets the same when forwarding them from dispatchers to receivers, i.e. that they do not give certain packets priority on the basis, for example, of origin, content, use or the fee charged to users, as this would run counter to the aim of guaranteeing fair universal access to services, data protection rules, the ban on data manipulation, the principle of the integrity of content and the aim of establishing fair conditions of competition;
Amendment 123 #
Motion for a resolution Paragraph 9 a (new) 9a. Draws attention to the effects of the disparities between VAT systems at European level, which will be further accentuated with the arrival of connected TV, and stresses the need to adopt a competitive joint VAT system across all the Member States;
Amendment 124 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Commission to ensure, in a legally binding manner, compliance with the principles of internet neutrality, which is vital where media convergence is concerned;
Amendment 125 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Commission to propose Union legislation guaranteeing net neutrality;
Amendment 126 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to safeguard by law the integrity of linear and non-linear services on hybrid platforms and in particular to prohibit the overlay or scaling of these services
Amendment 127 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to safeguard by law the integrity of linear and non-linear services on hybrid platforms and in particular to prohibit the overlay or scaling of these services with third-party content,
Amendment 128 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to safeguard by law the integrity of linear and non-linear services on hybrid platforms and in particular to prohibit the overlay or scaling of these services with third-party content, unless the latter have been
Amendment 129 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to consider measures to take account of the risk of unauthorised sites being referenced on portals and search engines;
Amendment 13 #
Motion for a resolution Recital B b (new) Bb. whereas audiovisual media services are as much cultural goods as they are economic goods and are of particular importance for society and democracy as vectors of identities and values;
Amendment 130 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to ensure that the level of protection in respect of audiovisual media services established by means of the special regulatory requirements of the Audiovisual Media Services Directive is not undermined by unauthorised provision of access on other platforms;
Amendment 131 #
Motion for a resolution Paragraph 10 b (new) 10b. Calls on the Commission to ensure that applications never start up automatically merely because a portal has been accessed, but that start-up must always be initiated by the user, that the return to the previously used service must always be straightforward and entail only the pressing of a button (e.g. red button function), which must be made clear to users, and that when an application is shut down the previously used service must reappear in full audiovisual quality;
Amendment 132 #
Motion for a resolution Paragraph 10 c (new) 10c. Calls on the Commission to ensure that a content provider can take legal action against such applications on hybrid platforms which make possible or encourage the unauthorised dissemination of content made available by the content provider;
Amendment 133 #
Motion for a resolution Paragraph 10 d (new) 10d. Calls on the Commission, where appropriate on copyright grounds, to work towards the establishment of straightforward rights clearance systems which make it possible for non-linear services made available by media service providers to be mirrored unchanged and in full on third platforms;
Amendment 134 #
Motion for a resolution Paragraph 10 a (new) 10a. Stresses that advertising is a vitally important source of funding for the providers of linear and non-linear services and calls on the Commission and Member States to seriously consider the impact for the cultural and creative sectors of lost revenue, in particular their ability to create original content;
Amendment 135 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that
Amendment 136 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the
Amendment 137 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving
Amendment 138 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed
Amendment 139 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that
Amendment 14 #
Motion for a resolution Recital B a (new) Ba. whereas the advent of connected TV has shaken up the traditional value chain and necessitates drawing up a new strategy;
Amendment 140 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed
Amendment 141 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed and that monitoring and exploitation of the user’s behaviour by manufacturers of devices or by third parties is, by default, not normally allowed, being permitted
Amendment 142 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed and that monitoring and exploitation of the user’s behaviour by manufacturers of devices or by third parties is not normally allowed, being permitted only with the witting and unambiguous consent of the user, and with no adverse consequences for the user should they refuse to grant such consent;
Amendment 143 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls for full account to be taken of data protection principles, such as data minimisation, proportionality and the collection of data for a specific purpose only, in both the development of hybrid receiving devices (‘privacy by design’) and in the standard configuration of such devices (‘privacy by default’);
Amendment 144 #
Motion for a resolution Paragraph 11 b (new) 11b. Calls on the Commission to exclude audiovisual media services from liberalisation measures negotiated as part of international trade agreements, in view of their dual nature and their significance for society, and, at the same time, to ensure that the concept of ‘audiovisual media service’ is developed to reflect the ongoing process of digitalisation and media convergence;
Amendment 145 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission to ensure that future hybrid TV services also comply with existing legislation on child protection, on the ban on certain kinds of advertising for health reasons, on the ban on incitement to racial hatred, on the separation between news and advertising messages, on ownership transparency, privacy, etc., since these are rules which have become part of the acquis communautaire and which cannot be circumvented on the pretext of technological developments; in particular, calls for service providers and providers of hybrid TV equipment from outside the EU to be informed that the applicable law is that of the country where the service is provided and not the one where the providers have their registered office;
Amendment 146 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Member States, in the negotiations on the multiannual financial framework, to reconsider the cut in funding, from the figure of EUR 9.2 billion originally proposed to EUR 1 billion, for the Directorate-General for Communications Networks, Content and Technology (DG Connect, CNECT) to cover the further development of telecommunications infrastructure;
Amendment 147 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission to pay due attention to important audience protection issues such as the protection of minors and believes that Electronic Programme Guides may be a possible platform in which to address these issues;
Amendment 148 #
Motion for a resolution Paragraph 11 b (new) 11b. Regrets there are still vast areas across Europe with limited internet infrastructure and reminds the Commission that in order to unlock the potential of Connected TV it is vital for consumers to have access to high-speed Internet;
Amendment 149 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission, in particular in the light of technological convergence, systematically to exclude audiovisual media services from the services covered by external trade agreements concluded by the EU, in keeping with the principle of ‘cultural exception’;
Amendment 15 #
Motion for a resolution Recital B a (new) Ba. whereas the advancement of technological developments leads inevitably to increase of user autonomy, there is a growing necessity to ensure protection of exclusive rights and the integrity of the content;
Amendment 16 #
Motion for a resolution Recital C C. whereas
Amendment 17 #
Motion for a resolution Recital C C. whereas consumers’ interest in hybrid
Amendment 18 #
Motion for a resolution Recital C C. whereas consumers’ interest in hybrid receiving systems is constantly growing, so that the opportunities for dissemination of (interactive) on-line services
Amendment 19 #
Motion for a resolution Recital C a (new) Ca. whereas in the light of growing media convergence the concept of 'connected TV' is being interpreted in a dynamic, technologically neutral and broad way to cover all devices, including mobile devices, which enable access to linear and non-linear media content, over-the-top services and other applications on one and the same device or screen, thereby bringing together the world of broadcasting and the world of the Internet;
Amendment 2 #
Motion for a resolution Recital A A. whereas TV sets were originally developed to receive linear broadcast signals, which, in the
Amendment 20 #
Motion for a resolution Recital C a (new) Ca. whereas the fragmentation of Intellectual Property Rights (IPR) management in the Union limits consumer access to audiovisual content as well as the Union's competitive position in the global market;
Amendment 21 #
Motion for a resolution Recital D D. whereas the
Amendment 22 #
Motion for a resolution Recital D D. whereas
Amendment 23 #
Motion for a resolution Recital D D. whereas
Amendment 24 #
Motion for a resolution Recital D D. whereas
Amendment 25 #
Motion for a resolution Recital D D. whereas the attention of each user is finite and, as the number of services on offer rises, it becomes more difficult to reach users, which means that access to and the findability, listing and recommendation of services will be decisive for their success;
Amendment 26 #
Motion for a resolution Recital D D. whereas
Amendment 27 #
Motion for a resolution Recital D a (new) Da. whereas the number of services on offer is rising, and their success depends on the ease with which the public can access and locate them rapidly;
Amendment 28 #
Motion for a resolution Recital E E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) do not yet
Amendment 29 #
Motion for a resolution Recital E E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
Amendment 3 #
Motion for a resolution Recital A A. whereas
Amendment 30 #
Motion for a resolution Recital E E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain
Amendment 31 #
Motion for a resolution Recital E a (new) Ea. whereas these new service providers will compete head-on against the traditional players in the sector, both by acquiring exclusive content, including on the European market, and by offering new services;
Amendment 32 #
Motion for a resolution Recital E a (new) Ea. whereas the key regulatory objective of the Audiovisual Media Services Directive should be to preserve the high- quality diversity of supply and suppliers, which raises fresh questions of access, dissemination method and findability (e.g. in the case of platforms and app portals), regardless of the type of media;
Amendment 33 #
Motion for a resolution Recital F F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and competition and protecting children, as well as quality- and content-based regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 34 #
Motion for a resolution Recital F F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and protecting children, and safeguarding fair competition, as well as regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 35 #
Motion for a resolution Recital F F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and protecting children
Amendment 36 #
Motion for a resolution Recital F F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and protecting children, as well as regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems and in particular the availability of content provided by services outside of the jurisdiction of Member States;
Amendment 37 #
Motion for a resolution Recital F a (new) Fa. whereas high-quality connected TV services can only be provided if telecommunications operators offer sufficiently high speed links between the broadcasting servers and subscribers;
Amendment 38 #
Motion for a resolution Recital F a (new) Fa. whereas guaranteeing fair competition in the context of linear and non-linear services on hybrid platforms is of utmost importance, there is a need to ensure that European works do not find themselves underprivileged to obtain access to this new environment;
Amendment 39 #
Motion for a resolution Recital F a (new) Fa. whereas the range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation between advertising and programmes and rules on the insertion of advertising;
Amendment 4 #
Motion for a resolution Recital A A. whereas TV sets were originally developed to receive linear broadcast signals, which, in the digital environment, have hitherto met with
Amendment 40 #
Motion for a resolution Recital G G. whereas the mere chance fact of the existence of numerous services does not automatically result in the aforementioned regulatory objectives being attained,
Amendment 41 #
Motion for a resolution Recital G G. whereas the mere chance fact of the existence of numerous services does not automatically result in the aforementioned regulatory objectives being attained,
Amendment 42 #
Motion for a resolution Recital G G. whereas the mere chance fact of the existence of numerous services does not automatically result in the aforementioned regulatory objectives being attained, but their attainment needs to be safeguarded in advance, as undesirable developments can only be reversed to a limited extent and with considerable difficulties and there will therefore remain a need for a specific ex ante regulatory framework for
Amendment 43 #
Motion for a resolution Recital G a (new) Ga. whereas connected TV based on an open-source standard would benefit all stakeholders, including set manufacturers and TV channels, as well as online portals and e-commerce providers;
Amendment 44 #
Motion for a resolution Recital G b (new) Gb. whereas as connected TV becomes gradually more established, conventional TV and the Internet may come to coalesce, just as mobile telephony and the Internet melded together a few years ago;
Amendment 45 #
Motion for a resolution Recital G a (new) Ga. whereas any means of adapting the market to favour creation and innovation in Europe should be encouraged;
Amendment 46 #
Motion for a resolution Recital G b (new) Gb. whereas new market players providing audiovisual content on the same media in competition with long- established European broadcasters should abide by the same rules as they do;
Amendment 47 #
Motion for a resolution Recital G c (new) Gc. whereas the development of hybrid systems combining TV and the Internet will allow users to browse indiscriminately between TV channels and the Internet, including websites illegally offering audiovisual content;
Amendment 48 #
Motion for a resolution Recital G a (new) Ga. whereas net neutrality is proven to be insufficiently safeguarded by transparency and competition;
Amendment 49 #
Motion for a resolution Recital G b (new) Gb. whereas regulation differs between Member States, hampering the level playing field and the development of a single telecom and digital single market;
Amendment 5 #
Motion for a resolution Recital A a (new) Aa. whereas the take up of internet connected devices is increasing, traditional services remain mainstream popular;
Amendment 50 #
Motion for a resolution Recital G a (new) Ga. whereas the country-of-broadcast principle in the original Television Without Frontiers Directive represents a milestone for freedom of information and the development of a common market in services, since the Member States committed themselves to quality-based minimum standards and, in return, introduced the country-of-origin principle in the form of the country-of-broadcast principle;
Amendment 51 #
Motion for a resolution Recital G b (new) Gb. whereas the original Television Without Frontiers Directive was adopted in 1989 and had to be revised for the first time in 1997 and for the second time in 2007, contrary to the efforts made to adopt sustainable and longer-term audiovisual regulations that will make it possible to plan with certainty;
Amendment 52 #
Motion for a resolution Paragraph 1 Amendment 53 #
Motion for a resolution Paragraph 1 1. Calls on the Commission
Amendment 54 #
Motion for a resolution Paragraph 1 1. Calls on the Commission
Amendment 55 #
Motion for a resolution Paragraph 1 1.
Amendment 56 #
Motion for a resolution Paragraph 1 1. Calls on the Commission, in the Audiovisual Media Services Directive and, insofar as necessary, in a supplementary manner in additional EU legal acts, to lay down provisions
Amendment 57 #
Motion for a resolution Paragraph 1 1. Calls on the Commission, in the Audiovisual Media Services Directive and, insofar as necessary, in a supplementary manner in additional EU legal acts, to lay down provisions regulating services which will control the availability of, and access to, audiovisual media services and other communications services or their representation on hybrid receiving devices, so as to prevent producers of such receiving devices or suppliers of the services in question from exploiting their gatekeeper position in a way which discriminates against content providers
Amendment 58 #
Motion for a resolution Paragraph 1 a (new) 1a. Takes the view that, in the case of regulatory measures for platform operators, care must be taken to ensure non-discriminatory access to platforms so that broadcasters, start-ups and SMEs can participate in the market on an equal basis;
Amendment 59 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission to revise the regulatory framework for audiovisual media services and adapt it to the new demands of the Internet;
Amendment 6 #
Motion for a resolution Recital A a (new) Aa. whereas the Internet has developed rapidly over the past 25 years and the smart devices which have emerged are changing habits and the way of watching television;
Amendment 60 #
Motion for a resolution Paragraph 1 b (new) 1b. Calls on the Commission to apply European competition and telecommunications law to vertically integrated content and infrastructure providers;
Amendment 61 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that the impact of the advent of connected TV on the value of goods traded and the remuneration of creators must be studied in depth, in terms of trends in the price of content as well as the proportion of remuneration collected by search engines and the nature of the programmes broadcast;
Amendment 62 #
Motion for a resolution Paragraph 2 Amendment 63 #
Motion for a resolution Paragraph 2 Amendment 64 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to
Amendment 65 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to further develop the concept of media services defined in Article 1 of the Audiovisual Media Services Directive in such a way that the necessity of regulation by the Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact, particularly their relevance to opinion-
Amendment 66 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission to consider, bearing in mind the difference in remit between media services for which editorial responsibility is taken and other content, whether stricter regulation of TV platforms by comparison with Internet platforms or VOD portals is still appropriate and necessary, or whether a general ban on discrimination is sufficient;
Amendment 67 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission, in the context of a possible revision of Directive 2010/13/EU, or in any future legislation, to continue its efforts to safeguard press freedom by expressly excluding electronic versions of newspapers and magazines from the scope of such legal provisions, as is currently the case under this directive;
Amendment 68 #
Motion for a resolution Paragraph 3 3. Calls on the Commission
Amendment 69 #
Motion for a resolution Paragraph 3 3. Calls on the Commission
Amendment 7 #
Motion for a resolution Recital A a (new) Aa. whereas audiovisual media services are as much cultural services as they are economic services, which are of outstanding importance for society and democracy as vectors of identities, values and opinions, and therefore still require specific regulation in an increasingly convergent world;
Amendment 70 #
Motion for a resolution Paragraph 3 3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legislation, to create a level playing field for all content and service providers, taking account of the following minimum requirements and maintaining the existing overarching regulatory objectives, so as to ensure fair competition among content providers and guarantee users the chance to choose among a wide range of high-quality services on a footing of equal opportunity and without discrimination;
Amendment 71 #
Motion for a resolution Paragraph 3 3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legislation, to create a level playing field for all content providers, taking account of the following minimum requirements, so as to ensure fair competition among content providers and guarantee users the greatest possible benefit and the chance to choose among a wide range of high-quality services on a footing of equal opportunity and without discrimination;
Amendment 72 #
Motion for a resolution Paragraph 3 3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legislation, to create a level playing field for all content providers, taking account of the following minimum requirements, so as to ensure fair competition among content providers and guarantee users the chance to choose, in a fully transparent manner, from among a wide range of high-quality services on a footing of equal opportunity and without discrimination, with a particular focus on maintaining free and public services;
Amendment 73 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission, in the event of a review of the Audiovisual Media Services Directive, to ensure fair competition between all content providers;
Amendment 74 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that the development strategy of these new market players will lead to an increased range of content by combining long-established TV channels with the plethora of content available on the Internet;
Amendment 75 #
Motion for a resolution Paragraph 3 b (new) Amendment 76 #
Motion for a resolution Paragraph 3 a (new) 3a. Emphasises that consideration should be given to retaining a graduated regulatory framework for media services, in which connection the graduation should be based not on a distinction between non-linear and linear services, but rather, primarily, on the potential impact of a given media service and the editorial responsibility for the service in question, and that, at the same time, the Member States should be granted appropriate leeway to take such decisions themselves;
Amendment 77 #
Motion for a resolution Paragraph 3 b (new) 3b. Calls on the Commission to clarify the concept of ‘editorial responsibility’ and, by means of a revision of the relevant EU legislative acts, to make it absolutely clear that regulatory provisions also cover intermediaries and content aggregators, including platform and portal operators who make selections in connection with the provision of access to and the dissemination of audiovisual content or who are involved in the preparation or presentation of that content;
Amendment 78 #
Motion for a resolution Paragraph 3 c (new) 3c. Wonders whether, against the background of increasing technological convergence, the provisions laid down by the Commission in its communication on the application of the rules on State aid to public service broadcasting (2009/C 257/01) setting out complex procedures for assessing and analysing audiovisual services offered by public providers which go beyond the scope of normal broadcasting activities and are made available on new platforms are still appropriate, in particular given that it is increasingly difficult for users to tell whether the service concerned is a conventional linear broadcasting service, an on-demand service or another type of audiovisual service;
Amendment 79 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to
Amendment 8 #
Motion for a resolution Recital A a (new) Aa. whereas the long-awaited technical media convergence has now become a reality, particularly for broadcasting and the Internet, and European media, culture and network policy must adapt the regulatory framework to the new conditions and ensure that a uniform level of regulation can be established and enforced, also with a view to new entrants to the market from the European Union and third countries;
Amendment 80 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to review the provisions of the Audiovisual Media Services Directive, inter alia with reference to competitiveness in the industry
Amendment 81 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to review the provisions of the Audiovisual Media Services Directive, inter alia with reference to competitiveness in the industry
Amendment 82 #
Motion for a resolution Paragraph 4 4. Calls on the Commission to review the provisions of the Audiovisual Media Services Directive, inter alia with reference to competitiveness in the industry, and particularly to fully exploit the opportunities afforded by liberalisation or greater flexibility of quantitative rules on advertising and to outline the relevant advantages and drawbacks;
Amendment 83 #
Motion for a resolution Paragraph 4 a (new) 4a. Considers that this review should encompass ways of further developing and approximating qualitative rules on advertising for all types of service at the highest level applicable in each case (for example as regards youth and consumer protection and bans on discrimination); considers that if, on the basis of this review, consideration is given to the greater flexibility or liberalisation of the rules on advertising, steps must be taken to ensure that advertising is always clearly identified as such;
Amendment 84 #
Motion for a resolution Paragraph 4 a (new) 4a. Emphasises that in the interests of the uniform, Europe-wide protection of consumers, children and young people and minorities, qualitative restrictions on audiovisual media services should be reviewed and tailored at a high level to all modes of dissemination;
Amendment 85 #
Motion for a resolution Paragraph 4 b (new) 4b. Calls, in that connection, for the ban on the violation of human dignity, the ban on incitement to hatred, protection against discrimination and the principle of barrier-free access to apply in the same way to all forms of media content;
Amendment 86 #
Motion for a resolution Paragraph 4 c (new) 4c. Wonders, in that connection, whether the principle of the division between advertising and programme content can be maintained across all types of media or whether the aim of providing protection could be better achieved by making advertising and programme content clearly recognisable and clearly distinguishable across all types of media;
Amendment 87 #
Motion for a resolution Paragraph 4 a (new) 4a. Takes the view that the introduction of new or the extension of existing advertising bans or other measures which have an impact on advertising as a source of funding should be prevented so that new, internationally established business models which are already standard in the area of internet services can also be employed in the digital TV sector;
Amendment 88 #
Motion for a resolution Paragraph 4 a (new) 4a. Points out that the Audiovisual Media Services Directive has already considerably relaxed some of the rules relating to broadcast advertising;
Amendment 89 #
Motion for a resolution Paragraph 4 b (new) 4b. Emphasises that it is vital for the public sector to remain exempt from restrictions on advertising funding in order for it to retain its independence, and calls on the Member States to support efforts to provide funding for that sector;
Amendment 9 #
Motion for a resolution Recital B B. whereas it is becoming possible for linear and non-linear audiovisual services and numerous other communications services to be used on one and the same screen, combined seamlessly and consumed simultaneously
Amendment 90 #
Motion for a resolution Paragraph 4 c (new) 4c. Emphasises that new advertising strategies that use new technologies to increase their effectiveness (screenshots, consumer profiling, multi-screen strategies) raise the issue of protecting consumers, their private lives and their personal data; with this in mind, emphasises that there is a need to come up with a set of consistent rules to apply to these strategies;
Amendment 91 #
Motion for a resolution Paragraph 4 a (new) 4a. Encourages Europe’s audiovisual industry to continue to develop consistent, attractive services, especially on-line, so as to enrich the range of European audiovisual content on offer;
Amendment 92 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Commission to reform and harmonise IPR laws in the Union to ensure increased portability and cross- border access to audiovisual content;
Amendment 93 #
Motion for a resolution Paragraph 5 Amendment 94 #
Motion for a resolution Paragraph 5 Amendment 95 #
Motion for a resolution Paragraph 5 Amendment 96 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to e
Amendment 97 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to ensure in the Audiovisual Media Services Directive that Member States are given the opportunity to grant those content providers an appropriately privileged status with regard to findability on hybrid platforms (including portals, home pages and EPGs) to which the Member States assign a public broadcasting remit or which help to promote objectives in the public interest, particularly to ensure media pluralism and cultural diversity including an increased possibility for cultural and linguistic minorities to access programmes in all Member States, or which lastingly and demonstrably undertake to carry out duties in the public interest which maintain the quality and independence of reporting and promote diversity of opinion, in which connection service providers with the highest aspirations to comply with such obligations should also be assigned the most prominent position on platforms;
Amendment 98 #
Motion for a resolution Paragraph 5 a (new) 5a. Emphasises that, in this environment in which many services are on offer, it is important that the best possible referencing is provided for European services, which, furthermore, are the most capable of promoting the objective of cultural diversity;
Amendment 99 #
Motion for a resolution Paragraph 5 a (new) 5a. Emphasises that in an increasingly digital environment public media services play a key role in ensuring that people have access to information on the internet, and, in that connection, acknowledges that the provision of internet services is central to the remit of public media services; takes the view that this aspect of the remit of public media services must continue to be governed by specific legal rules, including as regards funding and State aid;
source: PE-504.076
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The Committee on Culture and Education adopted the own-initiative report Petra KAMMEREVERT) (S&D, DE) on connected TV. It notes that the current provisions of Audiovisual Media Services Directive (Directive 2010/13/EU) do not yet reflect ongoing technological convergence, a situation which may result in unequal competitive conditions and unacceptable discrepancies in the protection of users and raises fresh questions - regardless of media type - of content access, dissemination method and findability. Members note that the regulatory objectives of the Audiovisual Media Services Directive particularly those of ensuring diversity of opinion and of the media, protecting children, encouraging media service providers to guarantee accessibility to the visually and hearing impaired, and safeguarding fair competition, as well as quality-and content-based regulation of advertising retain their importance to society and their regulatory justification as a matter of principle. However, the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use made possible by hybrid receiving systems, combining TV and the internet which will allow users to browse indiscriminately between TV channels and the internet, including websites illegally offering audiovisual content. The range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation of advertising and programmes, and rules on the insertion of advertising. In this context, the committee calls on the Commission to evaluate the extent to which it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non-discriminatory access to platforms, for content providers and content developers as well as for users, expanding the concept of platforms, and to adapt the existing instruments to new constellations. Furthermore, the concept of media services defined in Article 1 of the Audiovisual Media Services Directive should be defined in such a way that the need for regulation by Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact, particularly their relevance to opinion-forming and to diversity of opinion, as well as on the basis of editorial responsibility. The report calls on the Commission to: · provide a breakdown, of which regulatory mechanisms are still necessary against the background of convergence and which should perhaps be established in order to create a level playing field for all content and service providers, so as to ensure fair competition among content providers and guarantee users the chance to choose, from among a wide range of high-quality services; · ensure that the ban on the violation of human dignity, the ban on incitement to hatred, protection against discrimination and the principle of barrier-free access to apply in the same way to all forms of media content; · consider whether the principle of the division between advertising and programme content can be maintained across all types of media or whether the aim of providing protection could be better achieved by making advertising and programme content clearly recognisable and clearly distinguishable across all types of media; · consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen co- and self-regulatory approaches can enable the regulatory objectives of the Audiovisual Media Services Directive to be attained in a lasting fashion, while at the same time maintaining the necessary flexibility for fair competition among media service providers. It is stressed that compliance with the measures must be monitored and the assessment of their effectiveness must be carried out by an independent regulator; · to ensure that platforms are operated on the basis of open interoperable standards in a way which accords with market conditions and the general interest, entailing fair competition. The committee feels that platform services and portal services should be interoperable, in order to give third parties the opportunity, without discrimination, to produce and market their own applications, irrespective of the medium of transmission; · ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices that are sold in or imported into the EU is guaranteed in principle and that it is in full compliance with EU rules on privacy and data protection, as the processing of personal data is only lawful if, and to the extent that, consent is given by the user. Members feel that analyses of user behaviour and the establishment of user profiles using complete IP addresses (including geo-location) should be allowed only with the witting and unambiguous consent (opt-in) of the user. This must be ensured by legislation. · exclude audiovisual media services from liberalisation measures negotiated as part of international trade agreements. Lastly, the report calls on Member States, in the negotiations on the multiannual financial framework, to reconsider the cut in funding, from the figure of EUR 9.2 billion originally proposed to EUR 1 billion, for DG Connect, CNECT, in order to cover the further development of telecommunications infrastructure. New
The Committee on Culture and Education adopted the own-initiative report Petra KAMMEREVERT (S&D, DE) on connected TV. It notes that the current provisions of Audiovisual Media Services Directive (Directive 2010/13/EU) do not yet reflect ongoing technological convergence, a situation which may result in unequal competitive conditions and unacceptable discrepancies in the protection of users and raises fresh questions - regardless of media type - of content access, dissemination method and findability. Members note that the regulatory objectives of the Audiovisual Media Services Directive particularly those of ensuring diversity of opinion and of the media, protecting children, encouraging media service providers to guarantee accessibility to the visually and hearing impaired, and safeguarding fair competition, as well as quality-and content-based regulation of advertising retain their importance to society and their regulatory justification as a matter of principle. However, the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use made possible by hybrid receiving systems, combining TV and the internet which will allow users to browse indiscriminately between TV channels and the internet, including websites illegally offering audiovisual content. The range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation of advertising and programmes, and rules on the insertion of advertising. In this context, the committee calls on the Commission to evaluate the extent to which it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non-discriminatory access to platforms, for content providers and content developers as well as for users, expanding the concept of platforms, and to adapt the existing instruments to new constellations. Furthermore, the concept of media services defined in Article 1 of the Audiovisual Media Services Directive should be defined in such a way that the need for regulation by Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact, particularly their relevance to opinion-forming and to diversity of opinion, as well as on the basis of editorial responsibility. The report calls on the Commission to:
Lastly, the report calls on Member States, in the negotiations on the multiannual financial framework, to reconsider the cut in funding, from the figure of EUR 9.2 billion originally proposed to EUR 1 billion, for DG Connect, CNECT, in order to cover the further development of telecommunications infrastructure. |
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