EUROPEAN PARLIAMENT
2004 2009
Committee on Culture and Education
25.9.2006 PE 378.712v01-00
AMENDMENTS 264-378
Draft report (PE 376.676v03-00)
Ruth Hieronymi
Proposal for a directive of the European Parliament and of the Council amending Council
Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the pursuit of television broadcasting
activities
Proposal for a directive (COM(2005)0646 – C6-0443/2005 – 2005/0260(COD) – amending
act)
Text proposed by the Commission Amendments by Parliament
Amendment by Christopher Heaton-Harris
Amendment 264
ARTICLE 1, POINT 1
Title
“Directive [No] of the European Parliament “Directive [No] of the European Parliament and of the Council on the coordination of and of the Council on the coordination of certain provisions laid down by law, certain provisions laid down by law, regulation or administrative action in regulation or administrative action in Member States concerning the provision of Member States concerning the provision of audiovisual media services (Audiovisual linear audiovisual media services (Linear
Media Services Directive)”. Audiovisual Media Services Directive)”.
Or. en
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Justification
The directive should be updated to ensure it is platform neutral, but its scope should not be
extended to non-linear services.
Amendment by Christopher Heaton-Harris
Amendment 265
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) (a) „audiovisual media service‟ means a (a) 'Linear audiovisual media service‟
service as defined by Articles 49 and 50 of means a service as defined by Articles 49 the Treaty the principal purpose of which is and 50 of the Treaty the principal purpose of the provision of moving images with or which is the provision of moving images without sound, in order to inform, entertain with or without sound, in order to inform, or educate, to the general public by entertain or educate, to the general public by electronic communications networks within electronic communications networks within the meaning of Article 2(a) of Directive the meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and 2002/21/EC of the European Parliament and of the Council, of the Council, and includes a service where
a media service provider decides on the
moment in time when a specific programme
is broadcast and establishes the programme
schedule, which is characterised by a
chronological sequence of different
programmes. It does not include
communication services providing items of
information or other messages on
individual demand or 'information society
services' as defined in Article 1 of Directive
98/34/EC.
Or. en
Justification
The definition of broadcasting needs to be amended to include services that are the same in
nature to traditional scheduled broadcast services but delivered by different platforms.
However, the directive should not be extended to include non-linear services which should
continue to be regulated by the eCommerce Directive as 'information society services'.
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Amendment by Michl Ebner
Amendment 266
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC)
(a) „audiovisual media service‟ means a (a) „linear audiovisual media service‟ means service as defined by Articles 49 and 50 of a service as defined by Articles 49 and 50 of
the Treaty the principal purpose of which is the Treaty the principal purpose of which is the provision of moving images with or the provision of moving images with or without sound, in order to inform, entertain without sound, in order to inform, entertain or educate, to the general public by or educate, to the general public by electronic communications networks within electronic communications networks within the meaning of Article 2(a) of Directive the meaning of Article 2(a) of Directive
2002/21/EC of the European Parliament and 2002/21/EC of the European Parliament and of the Council, of the Council and which constitutes a
purely audiovisual overall programme
which is edited and runs solely according to
a programme schedule with fixed
transmission times which is determined by
a provider and cannot be influenced by
individual viewers.
Or. de
Justification
The inclusion of television programmes on any transmission channels in the European Framework Regulation on radio which is an exception in the media landscape is appropriate.
However the extension even of parts of regulation characteristic of radio beyond radio to
include (non-linear) online on-demand media services is not generally appropriate. These
media which provide services to a much greater number of Europeans in genuine European
diversity should be governed by the principles of freedom of the press and freedom of opinion
which ensure economic competitiveness and the necessary democratic freedom.
Amendment by Luis Herrero-Tejedor
Amendment 267
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC)
(a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty, and which is either television the provision of moving images with or broadcasting as defined in Article 1(c) or without sound, in order to inform, entertain an on-demand service as defined in Article or educate, to the general public by
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electronic communications networks within 1(e)‟
the meaning of Article 2(a) of Directive
2002/21/EC of the European Parliament
and of the Council
Or. en
Justification
Seeks to clarify
Amendment by Helga Trüpel, Jean-Luc Bennahmias
Amendment 268
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) a) „audiovisual media service‟ means a a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty provided under the editorial the provision of moving images with or responsibility of a media service provider
without sound, in order to inform, entertain the principal purpose of which is the or educate, to the general public by provision of programmes consisting of
electronic communications networks within moving images with or without sound, in the meaning of Article 2(a) of Directive order to inform, entertain or educate, to the 2002/21/EC of the European Parliament and general public by electronic communications of the Council. networks within the meaning of Article 2(a)
of Directive 2002/21/EC of the European
Parliament and of the Council. This
Directive does not cover the press in printed
and electronic form or any service, the
principal purpose of which is the provision
of news, in which the audiovisual part is
not the primary constituent.
National constitutional provisions
guaranteeing freedom of the press shall be
respected. Furthermore this Directive does
not cover non-economic activities such as
blogs and other user-generated content
without an economic objective or any form
of private communication such as e-mails
and private websites. It also does not cover
services where the audiovisual content
merely fulfils a subordinate function and is
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Directive, such as online games or search
engines - except for article 3f (1).
Or. en
Justification
This amendment clarifies the scope of the Directive as that relating to TV and TV-like services as originally intended and recognize the freedom of the press and the freedom of expression in the Internet. The exclusion of press but also blogs, e-mails, online games and search engines should not only be mentioned in the recitals but also in the core text of the directive in order to be more legally binding.
Amendment by Luís Queiró
Amendment 269
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC)
(a) „audiovisual media service‟ means a (a) „linear audiovisual media service‟ means
service as defined by Articles 49 and 50 of a service as defined by Articles 49 and 50 of
the Treaty the principal purpose of which is the Treaty the principal purpose of which is
the provision of moving images with or the compilation by any means of moving
without sound, in order to inform, entertain images, with or without sound, in order to
or educate, to the general public by inform, entertain or educate, to the general
electronic communications networks within public by electronic communications
the meaning of Article 2(a) of Directive networks within the meaning of Article 2(a)
2002/21/EC of the European Parliament and of Directive 2002/21/EC of the European
of the Council. Parliament and of the Council, where the
media service provider decides on the
moment in time when a specific programme
is transmitted and establishes and makes
publicly available the programme schedule,
which is characterised by a chronological
sequence of different programmes.
Or. en
Justification
"Linear audiovisual media service” means those that exercise editorial responsibility for the creation or aggregation of content for linear, i.e. TV-like, programming. The scope is technologically neutral as it covers all means of transmission. To extend the Directive beyond this activity would be premature given the very early stage of their development and the need not to harm European entrepreneurs relative to those around the world. Moreover even the partial expansion of - relatively strict - broadcast regulation to other media which can be AM\631118EN.doc 5/65 PE 378.712v01-00
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offered by much more European citizens and should be ruled by the principles of freedom of
opinion and of the press would risk to harm the necessary framework for a free and successful
European information society.
Amendment by Karsten Friedrich Hoppenstedt
Amendment 270
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) (a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty the principal purpose of which is the provision of moving images with or the provision of programmes which consist
without sound, in order to inform, entertain of moving images with or without sound, in
or educate, to the general public by order to inform, entertain or educate, to the electronic communications networks within general public, are subject to the editorial the meaning of Article 2(a) of Directive responsibility of a media service provider 2002/21/EC of the European Parliament and and are disseminated by electronic
of the Council, communications networks within the
meaning of Article 2(a) of Directive
2002/21/EC of the European Parliament and
of the Council and/or,
- audiovisual commercial communications
Or. de
Justification
The terms „programme‟ and „editorial responsibility‟ draw a clearer distinction between the
economic and the private sectors.
Amendment by Manolis Mavrommatis
Amendment 271
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) (a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty the principal purpose of which is the provision of moving images with or the provision of moving and/or alternating
without sound, in order to inform, entertain images with or without sound, in order to or educate, to the general public by inform, entertain or educate, to the general PE 378.712v01-00 6/65 AM\631118EN.doc
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electronic communications networks within public by electronic communications
the meaning of Article 2(a) of Directive networks within the meaning of Article 2(a)
2002/21/EC of the European Parliament and of Directive 2002/21/EC of the European
of the Council; Parliament and of the Council;
Or. el
Justification
This amendment seeks to avoid giving the impression that programmes which only use static but alternating images, with or without sound and with or without special effects do not fall within the scope of the directive.
Amendment by Hanna Foltyn-Kubicka
Amendment 272
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC)
(a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a
service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of
the Treaty the principal purpose of which is the Treaty the principal purpose of which is
the provision of moving images with or the provision of moving images with or
without sound, in order to inform, entertain without sound, in order to inform, entertain,
or educate, to the general public by educate, or to propagate ideas or beliefs, to
electronic communications networks within the general public by electronic
the meaning of Article 2(a) of Directive communications networks within the
2002/21/EC of the European Parliament and meaning of Article 2(a) of Directive
of the Council, 2002/21/EC of the European Parliament and
of the Council,
Or. pl
Justification
The aim is to extend the scope of the directive to include audiovisual media services whose purpose is to propagate ideas or beliefs. This does not fall within the meaning of the concept of informing, educating or entertaining. Widening of the directive‟s scope seems justified in
the interests of ensuring legal certainty and making sure the law cannot be evaded. Lack of completeness in the social conditions proposed could lead to discrimination against communications expressing a general point of view.
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Amendment by Emine Bozkurt
Amendment 273
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) (a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty the principal purpose of which is the provision of moving images with or the provision of moving images with or without sound, in order to inform, entertain without sound, in order to inform, entertain
or educate, to the general public by or educate, to the public by electronic electronic communications networks within communications networks within the the meaning of Article 2(a) of Directive meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and 2002/21/EC of the European Parliament and of the Council, of the Council,
Or. en
Amendment by Karin Resetarits
Amendment 274
ARTICLE 1, POINT 2
Article 1, point (a) (Directive 89/552/EEC) (a) „audiovisual media service‟ means a (a) „audiovisual media service‟ means a service as defined by Articles 49 and 50 of service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the Treaty which consists in the provision of the provision of moving images with or moving images with or without sound, in without sound, in order to inform, entertain order to inform, entertain or educate, to the or educate, to the general public by general public by electronic communications electronic communications networks within networks within the meaning of Article 2(a) the meaning of Article 2(a) of Directive of Directive 2002/21/EC of the European 2002/21/EC of the European Parliament and Parliament and of the Council,
of the Council,
Or. de
Justification
The term „principal purpose‟ is open to too many interpretations and leads to legal
uncertainty.
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Amendment by Christopher Heaton-Harris
Amendment 275
ARTICLE 1, POINT 2
Article 1, point (b) (Directive 89/552/EEC) (b) „media service provider‟ means the (b) „linear media service provider‟ means natural or legal person who has editorial the natural or legal person who has editorial
responsibility for the choice of the responsibility for the choice of the audiovisual content of the audiovisual media audiovisual content of the audiovisual media service and determines the manner in which service and determines sequence in which it it is organised. is broadcast, excluding parties who only
bundle, (re-) transmit or offer for sale an
audiovisual media service.
Or. en
Justification
See justification to Article 1, point (a).
Amendment by Michl Ebner
Amendment 276
ARTICLE 1, POINT 2
Article 1, point (b) (Directive 89/552/EEC) (b) „media service provider‟ means the (b) „broadcaster‟ means the natural or legal
natural or legal person who has editorial person who has editorial responsibility for responsibility for the choice of the the choice of the linear audiovisual content audiovisual content of the audiovisual media of the audiovisual media service and service and determines the manner in which determines the manner in which it is it is organised; organised;
Or. de
Justification
Follows on from the amendment to Article 1(a).
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Amendment by Luís Queiró
Amendment 277
ARTICLE 1, POINT 2
Article 1, point (b) (Directive 89/552/EEC)
(b) „media service provider‟ means the (b) „linear audiovisual media service
natural or legal person who has editorial provider‟ means the natural or legal person
responsibility for the choice of the who has editorial responsibility for the
audiovisual content of the audiovisual media choice of the audiovisual content of the
service and determines the manner in which linear audiovisual media service and
it is organised. determines the manner in which it is
organised, in particular the programme
schedule.
Or. en
Justification
Linear audiovisual media service” means those that exercise editorial responsibility for the creation or aggregation of content for linear, i.e. TV-like, programming. The scope is technologically neutral as it covers all means of transmission. To extend the Directive beyond this activity would be premature given the very early stage of their development and the need not to harm European entrepreneurs relative to those around the world. Moreover even the partial expansion of - relatively strict - broadcast regulation to other media which can be offered by much more European citizens and should be ruled by the principles of freedom of opinion and of the press would risk to harm the necessary framework for a free and successful European information society.
Amendment by Claire Gibault
Amendment 278
ARTICLE 1, POINT 2
Article 1, point (b) (Directive 89/552/EEC)
(b) „media service provider‟ means the (b) „media service provider‟ means the
natural or legal person who has editorial natural or legal person who has editorial
responsibility for the choice of the responsibility for the choice of the
audiovisual content of the audiovisual media audiovisual content of the audiovisual media
service and determines the manner in which service and determines the manner in which
it is organised.. it is organised. This definition does not
cover any natural or legal persons who
merely transmit content for which the
editorial responsibility lies with third
parties coming within the jurisdiction of a
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