Recommendation 2006/952 - Protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry - Main contents
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official title
Recommendation of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry| Legal instrument | Recommendation |
|---|---|
| Number legal act | Recommendation 2006/952 |
| Original proposal | COM(2004)341  |
| CELEX number i | 32006H0952 |
| Document | 20-12-2006 |
|---|---|
| Publication in Official Journal | 27-12-2006; OJ L 378 p. 72-77 |
| Effect | 20-12-2006; Entry into force Date of document |
| End of validity | 31-12-9999 |
27.12.2006 |
EN |
Official Journal of the European Union |
L 378/72 |
RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006
on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry
(2006/952/EC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 157 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),
Whereas:
(1) |
The Charter of Fundamental Rights of the European Union (3) (‘the Charter’) declares in Article 1 the inviolability of human dignity, providing that it must be respected and protected. Article 24 of the Charter provides that children have the right to such protection and care as is necessary for their well-being and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration. |
(2) |
The European Union should gear its political action to preventing any form of violation of the principle of respect for human dignity. |
(3) |
Legislative measures need to be enacted at Union level on the protection of the physical, mental and moral development of minors in relation to the content of all audiovisual and information services and the protection of minors from access to inappropriate adult programmes or services. |
(4) |
The constant development of new information and communication technologies makes it urgent for the Community to ensure full and adequate protection for citizens' interests in this field on the one hand, by guaranteeing the free delivery and free provision of information services and, on the other hand, by ensuring that their content is legal, respects the principle of human dignity and does not impair the overall development of minors. |
(5) |
The Community has already intervened in the field of audiovisual and information services in order to create the necessary conditions to ensure the free movement of television broadcasts and other information services, in compliance with the principles of free competition and freedom of expression and information, but it should act with greater determination in this area with the aim of adopting measures to protect consumers from incitement to discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and of combating any such discrimination. Such action should strike a balance between the protection of individual rights on the one hand and freedom of expression on the other, in particular with respect to Member States' responsibility for defining the notion of incitement to hatred or discrimination in accordance with their national legislation and moral values. |
(6) |
Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (4) is the first legal instrument at Community level which in its recital (5) addresses issues of the protection of minors and of human dignity in relation to audiovisual and information services made available to the public, whatever the means of conveyance. Article 22 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the... |
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