24 Amendments of Javier NART related to 2020/2073(INL)
Amendment 40 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in recent years, new multimedia channels have proliferated for the illegal distribution of live sport events, among which the illicit use of Internet Protocol Television (IPTV) stands out due to its increasing volume;
Amendment 47 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the number of rightholders, intermediaries and other service providers which develop software tools able to identify illegal broadcasting of live sport events with a minimum margin of error is steadily increasing; whereas, at the same time, the reliability of notifications issued by those rightholders, intermediaries and other service providers depends on the accuracy and technical quality of the software tools they deploy to identify illegal broadcasting of live sport events;
Amendment 50 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas those rightholders, intermediaries and other service providers whose software tools are able to effectively and reliably identify illegal broadcasting of live sport events should be considered as “trusted flaggers”;
Amendment 51 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the fulfilment of quality and accuracy standards should be required in order to be legally considered as trusted flagger; whereas a certificate based on common European requirements would be the preferred option to ensure a coherent and effective recognition of trusted flaggers;
Amendment 52 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas research and innovation to develop improved software tools to identify and report illegal broadcasting of live sport events should be promoted by the Union and the Member States;
Amendment 103 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls Parliament´s resolution on a Digital Services Act (2020/2019 (INL)), which urges the Commission to ensure content hosting platforms to act expeditiously to make unavailable or remove content which is manifestly illegal;
Amendment 104 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that illegal broadcasting of live sport events notified by a trusted flagger should be presumed to be manifestly illegal and therefore should be immediately rendered unavailable or removed from the platform;
Amendment 126 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for cooperation between Member States authorities and between, rightholders and intermediaries to be enhanreinforced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure;
Amendment 131 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1
Annex I – part 1 – paragraph 1 – indent 1
- to improve and makethe effectiveness of the current EU legal framework on enforcement of intellectual property rights with regarding to live sport events effective, considering theits specific nature of live sport events and, in particular, its short-timeerm value, and to base the new legal framework on the best practices within the Member States;
Amendment 134 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1 a (new)
Annex I – part 1 – paragraph 1 – indent 1 a (new)
- to implement a European system establishing common criteria for the certification of "trusted flaggers";
Amendment 135 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2
Annex I – part 1 – paragraph 1 – indent 2
- to clarify the existing legislation and adopt concrete measures to ensure the immediate removal or disabling of online access to illegal live sport events content identified by a trusted flagger to tackle efficiently illegal broadcast of live sport events;
Amendment 142 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down of illegal live sport content identified by a trusted flagger, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;
Amendment 146 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 5
Annex I – part 1 – paragraph 1 – indent 5
- to harmonise the use of swift and adaptable blocking procedures in the event of repeated violations already established allowing for real-time blocking of access to illegal online transmissions of live sport events identified by a trusted flagger, based on the model of “live” blocking orders and “dynamic injunctions”;
Amendment 148 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions identified by a trusted flagger, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 153 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 8
Annex I – part 1 – paragraph 1 – indent 8
- to complement the adaptation of the legislative framework with non-legislative measures, including enhanreinforced cooperation between Member States authorities and between, rightholders and intermediaries;
Amendment 155 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part
Annex I – part 2 – paragraph 1 – introductory part
Without prejudice to the modification, s to be expected within the framework of a futurthe Digital Services Act, of the general rules regarding the manner in which with regard to establishing general rules on tackling illegal online content is tackled by online intermediaries , Directive 2000/31/EC (the Directive on electronic commerce) shouldonline, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (e-Commerce), shall be amended orto include specific provisions regarding the rights offor sport events´ organisers should be introduced in Union legislation, in order to, addressing, in particular, the following:
Amendment 157 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts define the notion of “expeditiously” set outlaid down in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately from the notification of the infringement by rightholdparagraph 1 (b) of Directive 2000/31, in such a way that “expeditiously” means acting “immediately after receipt of the infringement notification from a trusted flaggers and no later than 30 minutes after the start of the sport evennotification receipt”.;
Amendment 159 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 a (new)
Annex I – part 2 – paragraph 1 – indent 1 a (new)
- establish a common European quality and technical reliability standard for software tools deployed by rightholders, intermediaries and other service providers in order to identify illegal broadcasting of live sport events with a view to create a certification scheme for “trusted flaggers”;
Amendment 160 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 b (new)
Annex I – part 2 – paragraph 1 – indent 1 b (new)
- create the legal assumption that notifications issued by certified “trusted flaggers” are deemed to be accurate and reliable, and that the notified ongoing broadcasting is therefore presumed to be illegal and consequently would need to be rendered unavailable or removed expeditiously;
Amendment 161 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 c (new)
Annex I – part 2 – paragraph 1 – indent 1 c (new)
- establish adequate procedures for periodic evaluation and review of these certifications;
Amendment 167 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4
Annex I – part 2 – paragraph 1 – indent 4
- provide for support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streamingfor online content providers to perform real-time take downs;
Amendment 172 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal contbroadcasting of live sport events should take place immediately afterupon reception of the notice and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any directreceipt of the notification, provided that illegality of the broadcast has been notified by a trusted flagger or, indirect consent was given by the rightholders to make the content available to the public; strong indication case of unambiguity of the rightholder; incentives should be put onrovided to the rightholders in order to prevent any removal of legal contentbroadcasts; to that end, blocking access to or removing illegal content should in principlebroadcast shall not require blocking the access to a server that hosts legal services and content;
Amendment 175 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhanreinforce cooperation between Member States’ authorities, including by way of exchange of data and best practices and creating a network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;
Amendment 176 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 6
Annex I – part 2 – paragraph 2 – indent 6
- enhanreinforce the cooperation between intermediaries and rightholders, including by promoting the conclusion of Memoranda of Understanding that could provide for a specific notice and action procedure;