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to the general public by electronic communications networkswithin the meaningTo prevent location-shopping directed to undermining the rules of

    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

    AM\631118EN.doc PE 378.712v01-00

    EN EN

    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'.

PE 378.712v01-00 2/65 AM\631118EN.doc

    EN

    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

    AM\631118EN.doc 3/65 PE 378.712v01-00

     EN

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

    not within the principal purpose of the PE 378.712v01-00 4/65 AM\631118EN.doc

    EN

    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

     EN

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

    EN

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.

AM\631118EN.doc 7/65 PE 378.712v01-00

     EN

    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.

PE 378.712v01-00 8/65 AM\631118EN.doc

    EN

    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).

AM\631118EN.doc 9/65 PE 378.712v01-00

     EN

    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

    PE 378.712v01-00 10/65 AM\631118EN.doc

    EN

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