BETA

Activities of Angel DZHAMBAZKI related to 2020/2019(INL)

Shadow reports (1)

REPORT with recommendations to the Commission on a Digital Services Act: adapting commercial and civil law rules for commercial entities operating online
2020/10/05
Committee: JURI
Dossiers: 2020/2019(INL)
Documents: PDF(298 KB) DOC(122 KB)
Authors: [{'name': 'Tiemo WÖLKEN', 'mepid': 185619}]

Legal basis opinions (0)

Amendments (38)

Amendment 13 #
Motion for a resolution
Recital A
A. whereas digital services, being a cornerstone of the Union’s economy and the livelihood of a large number of its citizens, need to be regulated in a way that balances central concerns likeincluding respect for fundamental rights and other rights of citizprotecting citizens from harmful and illegal contenst, with the need to support development, trust online and economic progress;
2020/06/05
Committee: JURI
Amendment 26 #
Motion for a resolution
Recital C
C. whereas some businesses offering digital services enjoy, due to strong data- driven network effects, market dominance that makes it increasingly difficult for other players, including start-ups, to compete;
2020/06/05
Committee: JURI
Amendment 45 #
Motion for a resolution
Recital F
F. whereas content hosting platforms mplay a key role in determineing what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that protects public interests, respects fundamental rights and the civil law rights of the users;
2020/06/05
Committee: JURI
Amendment 51 #
Motion for a resolution
Recital G
G. whereas upholding the law in the digital world does not only involves effective enforcement of rights, but also, in particular, ensuring access to justice for alland due process; whereas delegation of the taking ofng decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedyransparency and due process, leading to a fragmented approach;
2020/06/05
Committee: JURI
Amendment 63 #
Motion for a resolution
Recital I
I. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation requires an appropriate response at Union level and internationally;
2020/06/05
Committee: JURI
Amendment 70 #
Motion for a resolution
Recital L
L. whereas the choice of algorithmic logic behind such recommendation systems, content curation or advertisement placements remains at the discretion of the content hosting platforms with little possibility for public oversight, which raiseshas potential transparency and accountability concerimplications;
2020/06/05
Committee: JURI
Amendment 82 #
Motion for a resolution
Paragraph 1
1. Requests that the Commission submit without undue delay a set of evidence-based and proportionate legislative proposals comprising a Digital Services Act with a wide material, personal and territorial scope, including the recommendations as set out in the Annex to this resolution; considers that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union should be chosen as the legal basis;
2020/06/05
Committee: JURI
Amendment 88 #
Motion for a resolution
Paragraph 2
2. Proposes that the Digital Services Act include a regulation that establishes contractual rights as regards content management, lays down transparent, binding and uniform standards and procedures for content moderation, and guaranteeslays down transparency and reporting requirements and minimum standards and procedures for content moderation which are proportionate to the scale, harm, type of content and platform, while ensuring the availability of accessible and independent recourse to judicial redress;
2020/06/05
Committee: JURI
Amendment 104 #
Motion for a resolution
Paragraph 3
3. Considers that any final decision on the legality of user-generated content must be made by an independent judiciary or redress system and not a private commercial entity;
2020/06/05
Committee: JURI
Amendment 121 #
Motion for a resolution
Paragraph 5
5. Recommends the establishment of a European Agency tasked with monitoring and enforcing compliance with contractual rights as regardssharing of best practices and expertise among Member States and enhanced coordination and cooperation with the European Commission as regards developments in content management, auditing any algorithms used for automated content moderation and curation, and imposing penalties for non-compliance procedures, rather than setting up a new European Agency;
2020/06/05
Committee: JURI
Amendment 134 #
Motion for a resolution
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European Agency, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish their decisions on removingregarding removal of illegal user-generated content on a publicly accessible database;
2020/06/05
Committee: JURI
Amendment 142 #
Motion for a resolution
Paragraph 8
8. Takes the firm position that the minimum standards set in the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex- ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Act;
2020/06/05
Committee: JURI
Amendment 245 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2
- It should provide proportionate, evidence-based principles for content moderation, including as regards discriminatory content moderation practices.
2020/06/05
Committee: JURI
Amendment 248 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3
- It should provide formal and procedural standards for a notice and action system. which are proportionate to the platform and the nature and impact of the harm, effective, and future-proof;
2020/06/05
Committee: JURI
Amendment 257 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 5
- It should fully respect Union rules protecting personal data as well as, public interests and fundamental rights.
2020/06/05
Committee: JURI
Amendment 259 #
Motion for a resolution
Annex I – part A – part I – section 2
A European Agency on Content Management should be established with the following main tasks: - regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation; - of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standarddeleted regular review of the compliance working with content hosting imposing fines for notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act; - platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and- action procedures; - with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include: - and-action system provided for in the Regulation; - accessible and non-discriminatory terms and conditions; - European Agency to content moderation and curation algorithms for review; - reports to the European Agency; - of its activities.n-compliance failure to implement the notice- failure to provide transparent, failure to provide access for the failure to submit transparency publishing biannual reports on all
2020/06/05
Committee: JURI
Amendment 265 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1
- regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;deleted
2020/06/05
Committee: JURI
Amendment 270 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 2
- regular review of the compliance of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;deleted
2020/06/05
Committee: JURI
Amendment 273 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 3
- working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and- action procedures;deleted
2020/06/05
Committee: JURI
Amendment 276 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4
- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include: - failure to implement the notice- and-action system provided for in the Regulation; - failure to provide transparent, accessible and non-discriminatory terms and conditions; - failure to provide access for the European Agency to content moderation and curation algorithms for review; - failure to submit transparency reports to the European Agency; - of its activities.deleted publishing biannual reports on all
2020/06/05
Committee: JURI
Amendment 281 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 1
- failure to implement the notice- and-action system provided for in the Regulation;deleted
2020/06/05
Committee: JURI
Amendment 288 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 2
- failure to provide transparent, accessible and non-discriminatory terms and conditions;deleted
2020/06/05
Committee: JURI
Amendment 293 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
- failure to provide access for the European Agency to content moderation and curation algorithms for review;deleted
2020/06/05
Committee: JURI
Amendment 300 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
- failure to submit transparency reports to the European Agency;deleted
2020/06/05
Committee: JURI
Amendment 305 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 5
- publishing biannual reports on all of its activities.deleted
2020/06/05
Committee: JURI
Amendment 312 #
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the Agency. Such reports should, in particular, include:
2020/06/05
Committee: JURI
Amendment 314 #
Motion for a resolution
Annex I – part A – part I – section 3– indent 1 – subi. 1
- the total number of notices received and for which types of content,
2020/06/05
Committee: JURI
Amendment 318 #
Motion for a resolution
Annex I – part A – part I – section 4 – subparagraph 1
Content hosting platforms should, in addition, publish their decisions on content removal on a publicly accessible database to increase transparency for users.
2020/06/05
Committee: JURI
Amendment 363 #
Motion for a resolution
Annex I – part B – recital 4
(4) Given the detrimental effects of the fragmentation of the digital Single Market, legal uncertainty for consumers, the international character of content hosting, and the dominant position of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation; greater convergence by means of minimum standards;
2020/06/05
Committee: JURI
Amendment 367 #
Motion for a resolution
Annex I – part B – recital 5
(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.
2020/06/05
Committee: JURI
Amendment 381 #
Motion for a resolution
Annex I – part B – recital 9
(9) This Regulationese measures should not contain provisions forcmandating content hosting platforms to employ any form of fully automated ex-ante control of content.
2020/06/05
Committee: JURI
Amendment 404 #
Motion for a resolution
Annex I – part B – recital 21
(21) Action at Union level as set out in this Regulation would be substantially enhanced with the establishment of a Union agency tasked with monitoringgreater coordination and ensusharing compliance by content hosting platforms with the provisions of this Regulation. The Agencyof best practices among Member States and the Commission. The Commission should reviewmonitor compliance with the proportionate standards laid down for content management, taking into account the type of content and size of the content hosting platforms and on the basis of regular transparency reports and an audit of algorithms employed by content hosting platforms for the purposes of content management ‒
2020/06/05
Committee: JURI
Amendment 418 #
Motion for a resolution
Annex I – part B – Article 3 –point 4
(4) ‘content moderation’ means the practice of monitoring and applying a pre- determined set of rules and guidelines to user-generated content in order to protect public interests and ensure that the content complies with proportionate legal and regulatory requirements, community guidelines and terms and conditions, as well as any resulting measure taken by the platform, such as the swift removal of the content or the deletion or suspension of the user’s account, be it through automated means or human operators;
2020/06/05
Committee: JURI
Amendment 420 #
Motion for a resolution
Annex I – part B – Article 3 –point 5
(5) ‘content curation’ means the practice of selecting, optimising, prioritising and recommending content based on individual user profiles for the purpose of its display on a website or application;
2020/06/05
Committee: JURI
Amendment 425 #
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
1. Content management shall be conducted in a fair, lawful and transparent manner. Content management practices shall be appropriate, proportionate to the type and scale of content, relevant and limited to what is necessary in relation to the purposes for which the content is managed.
2020/06/05
Committee: JURI
Amendment 457 #
Motion for a resolution
Annex I – part B – Article 9 – point 2
2. Following a notice, content hosting platforms shall decide to remove, take down or make invisible content that was the subject of a notice without delay, if such content does not comply with legal and regulatory requirements, community guidelines or terms and conditions.
2020/06/05
Committee: JURI
Amendment 471 #
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Without prejudice to judicial or administrative orders regarding content online, content that has been the subject of a notice shall remain visible until a final decision has been taken regarding its removal or takedown.deleted
2020/06/05
Committee: JURI
Amendment 490 #
Motion for a resolution
Annex I – part B – Article 18 – paragraph 2 – point a
(a) the number of disputes referred to the independent dispute settlement bodies and the types of content;
2020/06/05
Committee: JURI