28 Amendments of Pavel TELIČKA related to 2016/2276(INI)
Amendment 5 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the 'ICT sector Guide on implementing the UN Guiding Principles on Business and Human Rights' published by the Commission in June 2013,
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral, merely technical and passive role in relation to the hosted content, which implies that the intermediary has neither knowledge of nor control over the information which is transmitted or stored; whereas a number of recent proposals by the Commission, in particular the proposal for a directive on copyright in the digital single market, create a conflict with the e-Commerce Directive and contradict the approach taken by the Commission in its communication on 'Online Platforms and the Digital Single market - Opportunities and Challenges for Europe' ;
Amendment 36 #
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actors, in particular to improve access to the underlying service on their platform or to remove illegal content; whereas the courts have defined the active role of the platforms on the basis of their knowledge and control over the content stored on the platform;
Amendment 42 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the current shift towards increasing requirements on online platforms to police the content without due process and the diverging interpretations of EU law on secondary liability of platforms are highly detrimental to innovation and citizens' fundamental rights;
Amendment 65 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the different initiatives already proposed under the Digital Single Market Strategy for Europe; regrets, however, the lack of coordination and consistency between some of these initiatives; considers that achieving a digital single market is essential for fostering the EU’s competitiveness and the growth of the digital economy in Europe;
Amendment 81 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online worldare interpreted in a different manner by Member States; calls on the Commission to ensure proper enforcement of EU legislation;
Amendment 92 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that there is currently no consensus on thone single definition of online platforms due to the multitude of different types of platforms, which may lead to fragmentation of the EU’s internal market and therefore platforms are best defined in sectorial legislation on the basis of the service they provide;
Amendment 103 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment; notes that the results of this consultation have shown a broad support for the current framework on online platforms liability;
Amendment 109 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that, although online B2C platforms operate within a highly diverse range of activities, such as e-commerce, the media, search engines, the distribution of cultural content, the collaborative economy and social networks, certain common features which can be used to identify these entities exist nevertheless;
Amendment 116 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features often characterise B2C online platforms, such as but not limited to operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 118 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers however that a clear difference should be made between B2C and B2B platforms, in light of the emerging B2B online platforms, key to the development of the industrial internet such as cloud based services or data sharing platforms enabling communication between internet of things products; calls on the Commission to address barriers in the single market hindering the growth of such platforms, in particular by putting an end to data localisation requirements;
Amendment 191 #
Motion for a resolution
Subheading 4
Subheading 4
Clarifying the implementation of the limited liability of intermediaries
Amendment 192 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the EU intermediary liability is one of the main concerns in the ongoing debate on online platformsmited liability regime is a crucial pillar of the EU's digital economy and is the result of a balanced approach between the fight against illegal content and the protection of freedom of speech and information;
Amendment 206 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that a clear-cut and level playing field is neededhowever that a robust implementation framework is needed at European level in order to allow online platforms to comply with their responsibilities and the rules on liability while respecting due process;
Amendment 223 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the updateongoing work ofn the AVMS Directive and the Commission’'s intention to propose measures for video- sharing platforms concerning their liability in terms of the protection of minors and the prevention of hate speech; regrets, however, protection of minors and the take down of content related to hate speech; considers that the incitement of terrorism should not be covered under the AVMS Directive as already regulated under the recently adopted Directive on combatting terrorism; reminds Member States of their positive obligation under the Charter of Fundamental Rights to ensure that the absebalance of references to content relating to the incitement of terrorismincentives for online platforms covered by this Directive is such that legal content, including content that can offend, shock or disturb, can still be communicated while respecting legitimate restrictions to freedom of speech as set out in the Charter;
Amendment 237 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful content in an efficient manner, for instance by respecting the duty of care , while maintaining a balanced and business- friendly approach ;
Amendment 240 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self-regulatory or hybrid measurecontent through effective self-regulatory measures, for instance through clear terms of use and appropriate mechanisms to identify repeated offenders; stresses the importance of online platforms playing a proactive role in tacklking illegal and inapprmmediate action to remove illegal content; stresses however that removal of illegal content, when related to for instance copyriate content and taking immediate action to remove illegal or inappropriate content if such content slips through prevenghted works or harmful content often relies upon subjective interpretation and arbitration of platform providers; calls therefore on the Commission to propose a legal instrument supplementing the e- Commerce Directive delivering a due process architecture for the notice and take down actions of platforms, including appropriate response times and a robust counter-notivce monitoringechanism through judicial redress;
Amendment 258 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 282 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field forand foster competition between online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘'one-size- fits-all’' solutions are rarely appropriate;
Amendment 298 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giantmultinationals to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures;
Amendment 303 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technology neutrality and having the same rules apply online and offline where possible and necessary;
Amendment 318 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’' trust in online platforms, greater transparency, better control of ranking systems and advertising, over ranking systems, advertising and other automated systems, and better control of users over their personal data and online platforms respecting all applicable legislation;
Amendment 373 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further monitoring and assisted in order for them toprovide the necessary guidance for online platforms to facilitate their complyiance with existing obligations and guidelines in a timely manner, in particular in the realm of consumer protection,;
Amendment 382 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6 and how to prevent intentional misuse of reporting processes; _________________ 6 OJ L 195, 2.6.2004, p. 16. OJ L 195, 2.6.2004, p. 16.
Amendment 399 #
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 412 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that a fair and innovation- friendly environment as well as investments in research and development are vital for generating new ideas and innovations; underlines the importance of open data, open standards, and to the extent possible open application programming interfaces for the development of new online platforms and innovation ;
Amendment 418 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Stresses that, in relWelcomes the proactive actions of the Commission on enforcement of competition law in the digital world, including the recent public consultation ton this specific business model, the traditional reasoning inherent in EU competition law may no longer be fit for purposee role of data in competition issues, to ensure that market analyses take due account of the new realities of the digital world; stresses the need for the Commission to take timely decisions in competition cases in light of the fast moving pace of the digital sector;
Amendment 424 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency (e.g. in search results) and possible abuor possible unilateral changes in terms and conditions for instance in payment solutions, software updates, in particular in cases of the dual role of platforms as intermediaries and competitors;