Activities of Gianna GANCIA related to 2020/0361(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Amendments (16)
Amendment 88 #
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also play an active role in the dissemination of user generated content and disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 109 #
Proposal for a regulation
Recital 24
Recital 24
(24) The exemptions from liability established in this Regulation should not affect the possibility of injunctions of different kinds against providers of intermediary services, even where they meet the conditions set out as part of those exemptions. Such injunctions could, in particular, consist of orders by courts or administrative authorities requiring the termination or prevention of any infringement, including the removal of illegal content specified in such orders, issued in compliance with Union law, or the disabling of access to it. As a general rule, injunctions should be considered as a last resort, where any other reasonable and proportionate action closer to the content owner is not available.
Amendment 114 #
Proposal for a regulation
Recital 26
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Where the provider of intermediary services does not have the technical and operational ability to act against specific items of illegal content, the obligations laid down in this Regulation, such as provisions on orders and notices, shall not apply. In such situations, the provider of intermediary services shall demand, based on contractual obligations, that the illegal content is removed by the natural or legal person that is best placed to act.
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘information society services’ means services within the meaning of Article 1(1)(b) of Directive (EU) 2015/1535, including those services the consideration for which consists in the provision of personal data, as per Article 3(1) of Directive (EU) 2019/770;
Amendment 231 #
(h) ‘online platform’ means a provider of a hosting service which, plays an active role in the dissemination of user- generated content and at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities, including through the use of technological tools and instruments, aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
Amendment 277 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) compliance with the measures in the order should be technically feasible taking into account the available technical capabilities of the service provider concerned;
Amendment 340 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive, taking into account their technical and operational ability to act against specific items of illegal content, under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 436 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned, or the law enforcement authorities of the Member State in which it is established or has its legal representative, or Europol, of its suspicion and provide all relevant information available.
Amendment 458 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable effortsdo what is required by this Regulation to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of 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.
Amendment 490 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legalprivate or professional status of the person on whose behalf the advertisement is displayed;
Amendment 667 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Commission should provide guidance to Member States to ensure a consistent approach on how national, local and regional authorities should relate to their Digital Services Coordinators.
Amendment 670 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that their Digital Services Coordinators have adequate technical, financial and human resources to carry out their tasks. Such resources could include - and not be limited to - access to training and regular exchanges with the service provider to understand the specificities of their business model.
Amendment 673 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek norot take instructions from any other public authority or any private party. Digital Services Coordinators should be able to seek information from a public authority or private party if it deems it necessary to carry its role and power and still maintain its independence and neutrality.
Amendment 697 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) issueas and when requested by a Digital Services Coordinator, issue non-legally binding opinions, and recommendations or advice to Digital Services Coordinators in accordance with, in discussion with all involved stakeholders, which serve as a way to remedy the problem and ensure a consistent enforcement of this Regulation;
Amendment 716 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - threnine months after its entry into force].