16 Amendments of Maria GRAPINI related to 2018/0331(COD)
Amendment 51 #
Proposal for a regulation
Recital 2
Recital 2
(2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups, organisations and individuals and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 65 #
Proposal for a regulation
Recital 4
Recital 4
(4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework uniformly applicable in all EU Member States in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by the Commission Recommendation (EU) 2018/3347 and responds to calls made by the European Parliament to strengthen measures to tackle illegal and harmful content and by the European Council to improve the automatic detection and removal of content that incites to terrorist acts. _________________ 7Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 73 #
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, providing a maximum degree of protection for users, thereby boosting their confidence, 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.
Amendment 100 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist and disinformation purposes. The functioning of the digital single market should be improved by reinforcing cybersecurity and legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to the freedom of expression and information.
Amendment 101 #
Proposal for a regulation
Recital 2
Recital 2
(2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise, disinform and recruit and to facilitate and direct terrorist activity.
Amendment 103 #
Proposal for a regulation
Recital 3
Recital 3
(3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services and inform the authorities of users posting terrorist content online.
Amendment 113 #
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.
Amendment 121 #
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 the competent authorities, should be harmonised and uniformly implemented at European level. 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 task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that 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 Union and inform the authorities of such incidents.
Amendment 141 #
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 assessmentinformation and assessment procedure by the competent 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 task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that 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 Union.
Amendment 148 #
Proposal for a regulation
Recital 15
Recital 15
(15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available in addition to removal orders. It is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken. The ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider, but only after final consultation with the competent authorities. In implementing this Regulation related to referrals, Europol’s mandate as laid down in Regulation (EU) 2016/79413 remains unaffected. _________________ 13 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 163 #
Proposal for a regulation
Recital 24
Recital 24
(24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification, notification to the competent authorities and removal of terrorist content.
Amendment 169 #
Proposal for a regulation
Recital 29
Recital 29
(29) It is essential that the competent authority within the Member State responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority. For that purpose, Member States shouldmust ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner.
Amendment 243 #
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation, with a uniform approach being adopted in this respect throughout the European Union. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the rRegulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non- compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shallould ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 280 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The competent authority or the relevant Union body mayshall send a referral to a hosting service provider.
Amendment 350 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevant Union bodies such as Europol with regard to removal orders and referrals to avoid duplication, enhance coordination, prevent the dissemination of online terrorist content and avoid interference with investigations in different Member States.
Amendment 425 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Hosting service providers shall acknowledge receipt immediately and, without undue delay, inform the competent authority about the removal of terrorist content or disabling access to it, indicating, in particular, the time of action, using the template set out in Annex II.