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
Legal basis opinions (0)
Amendments (38)
Amendment 13 #
Motion for a resolution
Recital A
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;
Amendment 26 #
Motion for a resolution
Recital C
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;
Amendment 45 #
Motion for a resolution
Recital F
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;
Amendment 51 #
Motion for a resolution
Recital G
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;
Amendment 63 #
Motion for a resolution
Recital I
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;
Amendment 70 #
Motion for a resolution
Recital L
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;
Amendment 82 #
Motion for a resolution
Paragraph 1
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;
Amendment 88 #
Motion for a resolution
Paragraph 2
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;
Amendment 104 #
Motion for a resolution
Paragraph 3
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;
Amendment 121 #
Motion for a resolution
Paragraph 5
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;
Amendment 134 #
Motion for a resolution
Paragraph 6
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;
Amendment 142 #
Motion for a resolution
Paragraph 8
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;
Amendment 245 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2
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.
Amendment 248 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3
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;
Amendment 257 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 5
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.
Amendment 259 #
Motion for a resolution
Annex I – part A – part I – section 2
Annex I – part A – part I – section 2
Amendment 265 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1
Annex I – part A – part I – section 2 – indent 1
Amendment 270 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 2
Annex I – part A – part I – section 2 – indent 2
Amendment 273 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 3
Annex I – part A – part I – section 2 – indent 3
Amendment 276 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4
Annex I – part A – part I – section 2 – indent 4
Amendment 281 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Amendment 288 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Amendment 293 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Amendment 300 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Amendment 305 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 5
Annex I – part A – part I – section 2 – indent 4 – subi. 5
Amendment 312 #
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
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:
Amendment 314 #
Motion for a resolution
Annex I – part A – part I – section 3– indent 1 – subi. 1
Annex I – part A – part I – section 3– indent 1 – subi. 1
- the total number of notices received and for which types of content,
Amendment 318 #
Motion for a resolution
Annex I – part A – part I – section 4 – subparagraph 1
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.
Amendment 363 #
Motion for a resolution
Annex I – part B – recital 4
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;
Amendment 367 #
Motion for a resolution
Annex I – part B – recital 5
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.
Amendment 381 #
Motion for a resolution
Annex I – part B – recital 9
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.
Amendment 404 #
Motion for a resolution
Annex I – part B – recital 21
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 ‒
Amendment 418 #
Motion for a resolution
Annex I – part B – Article 3 –point 4
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;
Amendment 420 #
Motion for a resolution
Annex I – part B – Article 3 –point 5
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;
Amendment 425 #
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
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.
Amendment 457 #
Motion for a resolution
Annex I – part B – Article 9 – point 2
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.
Amendment 471 #
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Amendment 490 #
Motion for a resolution
Annex I – part B – Article 18 – paragraph 2 – point a
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;