### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states and the commission shall encourage the development of self - and co - regulation regarding inappropriate audiovisual commercial communications for alcoholic products . those steps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic products , for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services .


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided , after having consulted the contact committee , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 1 and 3 are correctly founded .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where these providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the european commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate effective and proportionate sanctions are applied .


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating efficient age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors . such systems shall not lead to any additional processing of personal data and shall be without prejudice to article 8 of regulation 2016 / 679 ;


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 , 4 and 7 thereof ;


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned and approved by the national regulatory body or authority . the codes of conduct shall clearly and unambiguously set out their objectives and measures . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate , effective and proportionate sanctions are applied . member states shall ensure that in the event co - regulation fails to achieve the desired level of protection , national regulatory bodies or authorities have effective enforcement powers , including through issuing binding codes of conduct and applying administrative sanctions .


### product placements ### product placements which do not conflict with article 11 .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . with due regard for the principle of transparency , the commission shall give appropriate publicity to those codes of conduct .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive encourages member states to impose obligations to ensure the appropriate prominence and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a person or a group of persons defined by reference to race , colour , ethnic or social origin , genetic features , language religion or belief , political or any other opinion , membership of national minority , property , birth , disability , age , gender , gender expression , gender identity , or sexual orientation , residence status or health ;


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain : any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , nationality , religion or belief , disability , age or sexual orientation ; any incitement to commit or to seek to justify terrorist acts . ;


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ; member states shall ensure that measures based on terms and conditions are only permitted where national procedural rules provide a possibility for users to assert their rights before a court after learning of such measures ;


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give certainty to union citizens , businesses and member states ' authorities , the notion of ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based .


### article 12 is replaced by the following and moved to chapter iii : article 12 member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . the most harmful content , such as gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls . ; ### article 12 is deleted ;


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further clarify the characteristics of ' publicly inciting to violence or hatred ' but shall not alone be considered as a basis for restricting the making available of audiovisual content . member states shall ensure that all circumstances , such as intention , are taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , is respected .


### sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . the content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider ' s editorial independence . ### sponsorship represents an important means of financing audiovisual services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . sponsored content should not be influenced in such a way as to affect the service provider ' s editorial independence .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children ' s audience . ### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and children ' s programmes .


### by [ date – no later than four years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive . ### by [ date – no later than four years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive and , if necessary , make further proposals to adapt it to the developments in the field of audiovisual media services , in particular in the light of recent technological developments , the competitiveness of the sector as well as a report on practices , policies and accompanying measures supported by member states in the field of media literacy .


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to effectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced . self - regulation and co - regulation should contribute to this objective .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' , as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected . provisions concerning hate speech should be applied in line with the jurisprudence of the european court of human rights concerning the right to freedom of expression and information .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters .


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 , 4 and 7 thereof ;


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where these providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme , in return for payment or for similar consideration ; ### in article 1 , point is amended as follows : ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme or user - generated video , in return for payment or for similar consideration ;


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . the proportion of television advertising spots and teleshopping spots within the period between 20 : 00 and 23 : 00 shall not exceed 20% .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### ' member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age , or sexual orientation or gender identity . ' ;


### ‘ article 29 a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent authorities of the member states . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . 2 . the tasks of the contact committee shall be : to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 , as well as on any other matters on which exchanges of views are deemed useful ; to deliver own - initiative opinions or opinions requested by the commission on the application by the member states of this directive ; to be the forum for an exchange of views on what matters should be dealt with in the reports which member states must submit pursuant to article 16 and on their methodology ; to discuss the outcome of regular consultations which the commission holds with representatives of broadcasting organisations , producers , consumers , manufacturers , service providers and trade unions and the creative community ; to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services , taking account of the union ' s audiovisual policy , as well as relevant developments in the technical field ; to examine any development arising in the sector on which an exchange of views appears useful . ’ ### article 29 is amended as follows : ‘ article 29 a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent bodies or authorities of the member states and four members of the european parliament nominated for three years . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . 2 . beside its competences laid down in article - 2f , article 2 , article 3 , article 4 and article 4 the tasks of the contact committee shall be : to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 , as well as on any other matters on which exchanges of views are deemed useful ; to deliver own - initiative opinions or opinions requested by the commission on the application by the member states of this directive ; to be the forum for an exchange of views on what matters should be dealt with in the reports which member states must submit pursuant to article 16 and on their methodology ; to discuss the outcome of regular consultations which the commission holds with representatives of broadcasting organisations , producers , consumers , manufacturers , service providers and trade unions and the creative community ; to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services , taking account of the union ' s audiovisual policy , as well as relevant developments in the technical field ; to examine and give opinions to the commission on any development arising in the sector on which an exchange of views appears useful . ’


### the commission shall decide within 3 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall decide within two months following the notification provided for in point of paragraph 3 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within one month from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission may consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union rules and codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars , in order to facilitate coordination with the law of the member states .


### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures aiming , in particular , at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach . ### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures aiming , in particular , at protecting consumers or public health .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where those providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user ' s fundamental rights .


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of the storage or provision of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ;


### announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group ; ### announcements made by the broadcaster in connection with its own programmes and ancillary products and services directly derived from those programmes or with programmes , product and services from entities belonging to the same broadcaster ;


### in article 5 , point is replaced by the following : the member state having jurisdiction over the media service providers and the competent regulatory authorities or supervisory bodies . ; ### article 5 is deleted ;


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### defining and applying the rights and duties of users in the terms and conditions of the video - sharing platform providers with regard to incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### article 12 is replaced by the following and moved to chapter iii : article 12 member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . the most harmful content , such as gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls . ; ### article 12 is deleted ;


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should be applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall , within two months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted the contact committee , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within one month from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### member states should guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and have provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of their role in this directive . both bodies should therefore be re - established by virtue of this directive .


### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 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 . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 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 . ### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . this continuously progressing convergence of media requires an up - to - date legal framework . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 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 . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 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 .


### establishing and operating systems allowing users of video - sharing platforms to rate the content referred to in paragraph 1 ; ### establishing and operating easy to use systems allowing users of video - sharing platforms to rate the content referred to in paragraph 1 ;


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not be precluded from imposing more detailed or stricter measures , in particular but not only with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . it should remain possible for member states to take stricter measures where content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis in accordance with union law and communicative freedoms . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states , in cooperation with the commission and erga , shall facilitate the development of a union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points and of paragraph 1 of this article , in accordance with union law and the charter of fundamental rights . member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 of this article taken by video - sharing platform providers in particular concerning freedom of expression and information . member states shall entrust this task to the authorities designated in accordance with article 30 .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the european commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate effective and proportionate sanctions are applied .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states should achieve the requisite degree of independence by being established as separate legal entities . member states should therefore guarantee the independence of the national regulatory bodies or authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory bodies or authorities should be in possession of full enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory bodies or authorities established under this directive should be transparent and should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection and non - discrimination , the internal market and the promotion of fair competition .


### isolated advertising and teleshopping spots , other than in transmissions of sports events , shall remain the exception . ### in article 19 , paragraph 2 is deleted ;


### media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a member state in the following cases : they use a satellite up - link situated in that member state ; although they do not use a satellite up - link situated in that member state , they use satellite capacity appertaining to that member state . ### in article 2 , paragraph 4 is amended as follows : 4 . media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a member state in the following cases : they use a satellite up - link situated in that member state ; or they use satellite capacity appertaining to that member state .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20% . ### the percentage of television advertising spots and teleshopping and sponsorship spots within any one clock hour shall not exceed 20% , that is to say 12 minutes .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . where co - regulation and self - regulation prove to be ineffective , the national regulatory authorities may exercise their effective powers .


### in article 5 , point is replaced by the following : the member state having jurisdiction over the media service providers and the competent regulatory authorities or supervisory bodies . ; ### article 5 is deleted ;


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult the contact committee on any matter relating to audiovisual media services and video - sharing platforms . erga may also assist the commission by providing its expertise and advice and by facilitating exchange of best practices . the commission should consult the contact committee in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . the contact committee should decide on opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars drafted by erga .


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating efficient age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors . such systems shall not lead to any additional processing of personal data and shall be without prejudice to article 8 of regulation 2016 / 679 ;


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters .


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided within 2 months , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % per hour .


### many broadcasters are part of larger media groups and make announcements not only in connection with their own programmes and ancillary products directly derived from those programmes but also in relation with programmes from other entities belonging to the same media group . transmission time allotted to announcements made by the broadcaster in connection with programmes from other entities belonging to the same media group should not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping . ### many broadcasters provide several channels and particular channels make announcements not only in connection with programmes broadcast on that particular channel and ancillary products and services directly derived from those programmes but also in relation with programmes from other channels belonging to the same broadcaster . transmission time allotted to announcements made by the broadcaster in connection with programmes from other channels belonging to the same broadcaster should also not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping as transmission time for public services announcements and charity appeals .


### article 12 is replaced by the following and moved to chapter iii : article 12 member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . the most harmful content , such as gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls . ; ### article 12 is deleted ;


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### member states should guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure access to and appropriate prominence of content of general interest under defined general interest objectives . such obligations should be proportionate and meet general interest objectives such as media pluralism , freedom of speech and cultural diversity clearly defined by member states in conformity with union law .


### member states shall communicate to the commission a list of the video - sharing platform providers established on their territory and the criteria , set out in article 3 of directive 2000 / 31 / ec and in paragraph 1 , on which their jurisdiction is based . they shall update the list regularly . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall communicate to the commission a list of the video - sharing platform providers established or deemed to be established on their territory in accordance with the criteria set out in paragraph 1 , on which their jurisdiction is based . they shall update the list regularly . the commission shall ensure that the competent independent regulatory authorities have access to this information .


### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . ### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services and the contact committee to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga or the contact committee , the time - limits set out in articles 3 and 4 shall be suspended until erga or the contact committee has adopted an opinion .


### ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works , to the financing of audiovisual media services or programmes with a view to promoting their name , trade mark , image , activities or products ; ### in article 1 , point is amended as follows : ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or video - sharing platform services or user - generated videos or in the production of audiovisual works , to the financing of audiovisual media services or video - sharing platform services , or user - generated videos or programmes with a view to promoting their name , trade mark , image , activities or products ;


### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . ### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . the opinion of erga should also be sent to the contact committee . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , in particular parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers and video - sharing platform providers provide all necessary information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means .


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided , after having consulted the contact committee and erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 1 and 3 are correctly founded .


### article 6 is replaced by the following : member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### article 6 is deleted ;


### the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ; ### the organisation of the content stored or rendered accessible through streaming is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ;


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult the contact committee on any matter relating to audiovisual media services and video - sharing platforms . erga may also assist the commission by providing its expertise and advice and by facilitating exchange of best practices . the commission should consult the contact committee in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . the contact committee should decide on opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars drafted by erga .


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult erga and the contact committee on any matter relating to audiovisual media services and video - sharing platforms . erga and the contact committee may also assist the commission by providing its expertise and advice and by facilitating exchange of best practices . the commission should consult erga and the contact committee in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars .


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### in light of the nature of the providers ' relationship with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### article 11 is replaced by the following : article 11 paragraphs 2 , 3 and 4 shall apply only to programmes produced after 19 december 2009 . 2 . product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children ' s audience . 3 . programmes that contain product placement shall meet the following requirements : their content and , in the case of television broadcasting , their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider ; they shall not directly encourage the purchase or rental of goods or services ; viewers shall be clearly informed of the existence of product placement . programmes containing product placement shall be appropriately identified at the start and the end of the programme , and when a programme resumes after an advertising break , in order to avoid any confusion on the part of the viewer ; by way of exception , member states may choose to waive the requirements set out in point provided that the programme concerned has neither been produced nor commissioned by the media service provider itself or a company affiliated to the media service provider . 4 . in any event programmes shall not contain product placement of : tobacco products or cigarettes or product placement from undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products ; specific medicinal products or medical treatments available only on prescription in the member state under whose jurisdiction the media service provider falls . ; ### article 11 is deleted ;


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . the different means of content descriptors should be clear enough to stipulate whether the specific content may be of harm to minors .


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of the storage of programmes or user - generated videos over the selection of which the video - sharing platform provider does not exercise effective control ;


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided , after having consulted the contact committee , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 1 and 3 are correctly founded .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### some of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### member states should guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned and approved by the national regulatory body or authority . the codes of conduct shall clearly and unambiguously set out their objectives and measures . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate , effective and proportionate sanctions are applied . member states shall ensure that in the event co - regulation fails to achieve the desired level of protection , national regulatory bodies or authorities have effective enforcement powers , including through issuing binding codes of conduct and applying administrative sanctions .


### many broadcasters are part of larger media groups and make announcements not only in connection with their own programmes and ancillary products directly derived from those programmes but also in relation with programmes from other entities belonging to the same media group . transmission time allotted to announcements made by the broadcaster in connection with programmes from other entities belonging to the same media group should not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping . ### many broadcasters provide several channels and particular channels make announcements not only in connection with programmes broadcast on that particular channel and ancillary products and services directly derived from those programmes but also in relation with programmes from other channels belonging to the same broadcaster . transmission time allotted to announcements made by the broadcaster in connection with programmes from other channels belonging to the same broadcaster should also not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping as transmission time for public services announcements and charity appeals .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure access to and appropriate prominence of content of general interest under defined general interest objectives . such obligations should be proportionate and meet general interest objectives such as media pluralism , freedom of speech , cultural and regional diversity , as well as language preservation , clearly defined by member states in conformity with union law .


### media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a member state in the following cases : they use a satellite up - link situated in that member state ; although they do not use a satellite up - link situated in that member state , they use satellite capacity appertaining to that member state . ### in article 2 , paragraph 4 is amended as follows : 4 . media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a member state in the following cases : they use a satellite up - link situated in that member state ; or they use satellite capacity appertaining to that member state .


### sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . the content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider ' s editorial independence . ### sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not being allowed to directly encourage the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . the content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider ' s editorial independence .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### member states shall encourage co - regulation and self - regulation at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those steps shall be such that they are broadly accepted by the main stakeholders acting under the jurisdiction of the member states concerned . the steps laid down shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions within the member state ' s jurisdiction .


### sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . the content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider ' s editorial independence . ### sponsorship represents an important means of financing audiovisual services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . sponsored content should not be influenced in such a way as to affect the service provider ' s editorial independence .


### a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent authorities of the member states . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . ### in article 29 , paragraph 1 , is replaced by the following : a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent bodies or authorities of the member states and four members of the european parliament as observers , nominated every three years . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state .


### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to articles 5 , 6 , 6a , 9 , 10 , 11 , 12 , 13 , 16 , 17 , 19 to 26 , 30 and 30a , provided that such rules are in compliance with union law . ### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in the fields covered by this directive , provided that such rules are in compliance with union law .


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### to cooperate and provide its members and the contact committee with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ;