17 Amendments of Martina MICHELS related to 2018/0331(COD)
Amendment 67 #
Proposal for a regulation
Recital 5
Recital 5
(5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not metis Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC8 for liability exemption are not met. Any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should be taken in cooperation with Member States' competent judicial authorities. _________________ 8 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 ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 69 #
Proposal for a regulation
Recital 6
Recital 6
(6) Rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this Regulation in full respect of the fundamental rights protected in the Union's legal order and notably those guaranteed in the Charter of Fundamental Rights of the European Union, to this end hosting services and Member States' competent judicial authorities are encouraged to cooperate in order to develop effective digital interfaces to facilitate their interaction to ensure efficient identification and reporting of illegal content.
Amendment 73 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensurwithout jeopardising the protection of the fundamental rights at stakeunder any circumstances. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Courts and/or competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.
Amendment 81 #
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order.
Amendment 85 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent judicial authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent judicial authorities as well asin cooperation with hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protectedprotected to this Regulation in any circumstances. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 105 #
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by Competent judicial authorities of the Member States should assess whether compentent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that taskis terrorist content, and to issue legal order to request hosting service providers to either remove such content or disable access to it. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to should ensure that such terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Unionout undue delay after having received the removal order.
Amendment 113 #
Proposal for a regulation
Recital 14
Recital 14
(14) The competent judicial authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 120 #
Proposal for a regulation
Recital 16
Recital 16
(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online and offline, too. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriateare encouraged to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a generare encouraged to make use of trusted flaggers, users notices, in order to detect illegal mconitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist contenttent in cooperation with the competent judicial authorities.
Amendment 151 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent judicial authorities in Member States should liaise with each other with regard to the discussions they have with hosting service providers as to the identification, implementand with educational institutions and assessment of specific proactive measures. Similarly, such cooperation iscivil society organisations, such as journalists’ alsso needed in relation to the adoption of rules on penalties, as well as the implementation and the enforcement of penaltiesciations, youth organisations, media supervisory bodies and others, as to the assessment, identification and implementation of meaningful and sustainable proactive measures to combat terrorism and radicalisation.
Amendment 160 #
Proposal for a regulation
Recital 37
Recital 37
(37) For the purposes of this Regulation, Member States should designate competent authorities. TheThis Regulation requirement tos designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this Regulation. This Regulation requires designating authorities competent for issuing removal orders, referrals and for overseeing proactive measures and for imposing penalties. It is for Member States to decide how many authorities they wish to designate for these tasking judicial authorities competent in the Member States for issuing removal orders and for processing legal remedies.
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following informationany material, other than material used for educational, journalistic and research purposes, which may contribute to the commission of intentional acts, which constitute offences under national and European law, as listed in Article 3(1)(a) to (i) of Directive 2017/741/EU, by:
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such acts be committed;
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) 'Competent Authorities' means national and European judicial authorities empowered to issue notices for the removal of terrorist content and to deal with objections arising out of legal remedies within a reasonable period of time.
Amendment 260 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour fromimmediately after receipt of the removal order. An objection shall have suspensive effect.
Amendment 297 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Hosting service providers shall put in place operational and technical measures facilitating the expeditious assessment of content that has been sent by competent authorities and, where applicable, relevant Union bodies for their voluntary consideration.
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when andperiod prescribed by the courts for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).
Amendment 371 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this Regulation.