51998AP0153

A4-0153/98

Proposal for a Council Recommendation concerning the protection of minors and human dignity in audiovisual and information services (COM(97)0570 - C4-0670/97 - 97/0329(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 4

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(4) Whereas on 16 October 1996, the Commission adopted the Communication on Illegal and Harmful Content on the Internet; whereas the Council adopted the Resolution on Illegal and Harmful Content on the Internet on 17 February 1997; whereas the European Parliament adopted an opinion on the Commission Communication on Illegal and Harmful Content on the Internet on 24 April 1997;

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(4)

Whereas on 16 October 1996, the Commission adopted the Communication on Illegal and Harmful Content on the Internet; whereas the Council adopted the Resolution on Illegal and Harmful Content on the Internet on 17 February 1997; whereas the European Parliament adopted a resolution on the Commission Communication on Illegal and Harmful Content on the Internet on 24 April 1997(*);

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(*) OJ C 150, 19.5.1997, p. 38.

(Amendment 2)

Recital 6a (new)

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(6a) Whereas this Recommendation builds upon and supplements existing regulatory frameworks and as such constitutes an appropriate approach to achieving a high level of protection of the public interest in a context of increasing technological convergence in the media sector; whereas the effectiveness of this approach requires regular monitoring to check that objectives are being met;

(Amendment 3)

Recital 6b (new)

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(6b) Whereas a systematic review should be set up to monitor the development of the various self-regulatory frameworks and their success in achieving the objective of providing adequate protection for minors and human dignity in audiovisual and information services;

(Amendment 4)

Recital 6c (new)

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(6c) Whereas as a result of this systematic review the Commission will publish an evaluation report two years after this recommendation comes into force and submit it to the Parliament and Council; whereas the report will include inter alia an assessment of whether regulatory action is needed;

(Amendment 5)

Recital 6d (new)

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(6d) Whereas the Commission, in accordance with Article 22b of Directive 89/552/EEC, as amended by Directive 97/36/EC of 30 June 1997(1), is required, within one year from the date of its publication (i.e. by 30 July 1998), to carry out an investigation of the possible advantages and drawbacks of further measures with a view to facilitating the control exercised by parents or guardians over the programmes that minors may watch;

(1) OJ L 202, 30.7.1997, p. 60.

(Amendment 6)

Recital 8

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(8) Whereas full achievement of this potential requires the existence of a successful and innovative industry in the Community; whereas beyond the important role played by the public authorities, it is in the first instance incumbent on businesses to ensure and improve their competitiveness;

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(8)

Whereas full achievement of this potential requires the existence of a successful, innovative and responsible industry in the Community; whereas beyond the important role played by the public authorities, it is in the first instance incumbent on businesses to ensure and improve their competitiveness and sense of responsibility;

(Amendment 7)

Recital 8a (new)

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(8a) Whereas the European Union is an area in which goods, services, capital and persons enjoy freedom of movement;

(Amendment 8)

Recital 9

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(9) Whereas the protection of certain general interests, such as the protection of minors and of human dignity in relation to audiovisual and information services, is essential for the establishment of the climate of confidence needed to achieve the potential of this industry and this will contribute to removing obstacles to the development and the full competitiveness of the said industry;

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(9)

Whereas the protection of minors and of human dignity in relation to audiovisual and information services is of fundamental importance;

(Amendment 9)

Recital 9a (new)

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(9a) Whereas the protection of minors and human dignity in relation to audiovisual and information services is essential for the establishment of the climate of confidence needed to achieve the potential of this industry and this will contribute to removing obstacles to the development and the full competitiveness of the said industry;

(Amendment 10)

Recital 12

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(12) Whereas the protection of general interests sought in this manner must be seen in the context of the fundamental principles of respect for privacy and freedom of expression, as enshrined in Articles 8 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and as incorporated into the Community legal order by Article F2 of the Treaty on European Union and by the case law of the Court of Justice as general principles of Community law;

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(12)

Whereas the protection of general interests sought in this manner must be seen in the context of the fundamental principles of respect for privacy and freedom of expression, as enshrined in Articles 8 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

(Amendment 11)

Recital 13a (new)

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(13a) Whereas the Treaty on European Union provides for a cooperation procedure in the fields of justice and home affairs which may apply to certain aspects of the protection of minors and human dignity in the new audiovisual services;

(Amendment 12)

Recital 17a (new)

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(17a) Whereas the importance of transnational cooperation between the Member States and ultimately international cooperation is crucial to the success of the recommended self-regulatory framework and must be encouraged and supported by industry, national governments, national and international police and judiciaries and the Community institutions;

(Amendment 13)

Recital 17b (new)

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(17b) Whereas cooperation with third countries should be strengthened in this area, in particular with applicant countries and the European Union's transatlantic partners;

(Amendment 14)

Recital 20

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(20) Whereas the contribution of the European Union, the aim of which will be to supplement Member States' measures to protect minors and human dignity in audiovisual and information services should be based on maximum use of existing instruments and close coordination of the various relevant initiatives conducted in parallel with the follow-up to the Green Paper, particularly the work on the follow-up to the Communication on 'Illegal and Harmful Content on the Internet', including the Council Resolution of 17 February 1997, the 1997 European Parliament Resolution and the two working party reports submitted to the Council on 28 November 1996 and 27 June 1997, and the work on cooperation on justice and home affairs;

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(20)

Whereas the contribution of the European Union, the aim of which will be to supplement Member States' measures to protect minors and human dignity in audiovisual and information services should be based on maximum use of existing instruments and close coordination of the various relevant initiatives conducted in parallel with the follow-up to the Green Paper, particularly the work on the follow-up to the Communication on 'Illegal and Harmful Content on the Internet', including the Council Resolution of 17 February 1997, the European Parliament Resolution of 24 April 1997 and the two working party reports submitted to the Council on 28 November 1996 and 27 June 1997, and the work on cooperation on justice and home affairs;

(Amendment 15)

Point I, paragraph 1a (new)

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1a. ensure for all audiovisual and information services a high level of protection of the general interest so as to stimulate the development of the European audio-visual and information services industry, promote national frameworks supplementary to existing regulation and develop European co-operation with a view to improving the effectiveness of national measures and to defining a common European ethical approach to the Information Society;

(Amendment 16)

Point I, paragraph 5a (new)

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5a. work in close cooperation to develop common tools and more particularly common labelling of content guidelines in order to facilitate the transfrontier identification of illegal and harmful content;

(Amendment 17)

Point II, paragraph 2a (new)

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2a. come together to foster cooperation at European level with a view to developing new tools or services in the areas covered by this recommendation;

(Amendment 18)

Point III, paragraph 1

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1. facilitate, where appropriate through the relevant Community financial instruments, the networking of the bodies responsible for the definition and implementation of national self-regulation frameworks and the sharing of experience and good practices, at European Union level, between the Member States and parties concerned in the various areas covered by this recommendation;

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1.

facilitate, where appropriate through the relevant Community financial instruments, the networking of the bodies responsible for the definition and implementation of national self-regulation frameworks and the sharing of experience and good practices, at European Union level, between the Member States and parties concerned in the various areas covered by this recommendation as well as develop a methodology for a typology of functions of the operators involved in the communication chain;

(Amendment 19)

Point III, paragraph 4a (new)

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4a. monitor the implementation of this Recommendation, in particular by organising regular consultations with Member States and by presenting to the European Parliament and the Council, within two years of the Recommendation's adoption, an evaluation report.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Recommendation concerning the protection of minors and human dignity in audiovisual and information services (COM(97)0570 - C4-0670/97 - 97/0329(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0570 - 97/0329(CNS),

- having been consulted by the Council pursuant to Article 130(3) of the EC Treaty (C4-0670/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Culture, Youth, Education and the Media and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Civil Liberties and Internal Affairs (A4-0153/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.