20 Amendments of Massimiliano SALINI related to 2020/0361(COD)
Amendment 95 #
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 105 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that contenassess the grounds for and, when necessary, proceed to removing or disabling access to all copies of that content, and, in accordance with the jurisprudence of the Court of Justice of the European Union, ensure that identical or equivalent illegal content does not reappear within the same context. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 319 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices at scale and exclusively by electronic means.
Amendment 329 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic loidentification of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
Amendment 400 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platformThe providers of hosting services shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are processed and decidacted upon a face value with priority and without delay, and in appropriate circumstances, immediately.
Amendment 421 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platformProviders of intermediary services shall suspend, for a reasonable period of time, or in appropriate circumstances terminate, and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 422 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, or in appropriate circumstances terminate, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 425 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platformProviders of intermediary services shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 428 #
Proposal for a regulation
Article 20 – paragraph 3 – introductory part
Article 20 – paragraph 3 – introductory part
3. Online platformProviders of intermediary services shall assess, on a case-by-case basis and in a timely, diligent and objective manner, whether a recipient, individual, entity or complainant engages in the misuse referred to in paragraphs 1 and 2, taking into account all relevant facts and circumstances apparent from the information available to the online platform. Those circumstances shall include at least the following:
Amendment 431 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestknowingly unfounded notices or complaints, submitted in the past year;
Amendment 433 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online platformProviders of intermediary services shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension and the circumstances in which they will terminate their services.
Amendment 434 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension, and the circumstances in which they will terminate their services.
Amendment 440 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following informationA provider of intermediary services shall ensure it has obtained the following information from a trader before starting the use of its services:
Amendment 454 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformprovider of intermediary services shall, upon receiving that information, mtake reasonable effortseffective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is accurate, current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process at least once per year. The provider of intermediary services should ensure that any trader, against whom the measure set out in Article 20(1) was applied, is not permitted to use the service, including under a different name.
Amendment 463 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platformprovider of intermediary services obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate, out of date or incomplete, that platformrovider shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 465 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformprovider of intermediary services shall suspend the provision of its service to the trader until the request is complied with.
Amendment 468 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformprovider of intermediary services shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.
Amendment 469 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformrovider of intermediary services shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation, and where the interested parties need to access information for the legitimate purpose of investigating infringements and enforcing their rights.
Amendment 472 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platformprovider of intermediary services shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
Amendment 474 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The online platformprovider of intermediary services shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.