Activities of Clara PONSATÍ OBIOLS related to 2020/0361(COD)
Plenary speeches (1)
Digital Services Act (continuation of debate)
Amendments (11)
Amendment 411 #
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi-public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right-holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 814 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law infringed, and, where the order comes from administrative authorities, a statement confirming that the order does not interfere with fundamental rights or that such interference is sought in accordance to the applicable law;
Amendment 852 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal and administrative procedural law in conformity with Union law.
Amendment 871 #
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences, and, where the order comes from administrative authorities, a statement confirming that the order does not interfere with fundamental rights or that such interference is sought in accordance to the applicable Union law;
Amendment 888 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal and administrative procedural law in conformity with Union law.
Amendment 926 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. Such restrictions must respect the fundamental rights of the recipients, in particular the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 1061 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall only be considered to automatically give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned if the specific item of information is manifestly illegal.
Amendment 1230 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient and cost-effective manner and in at least one official language of the Union; or one of the official languages of the Member State where the out-of-court dispute settlement body is stablished;
Amendment 1241 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
The Digital Services Coordinator shall, where applicable, specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the Union or of the Member State in which the body is capable of settling disputes, as referred to in points (b) and (d) of the first subparagraph, respectively.
Amendment 1291 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Law enforcement agencies will not be awarded the status of trusted flaggers.
Amendment 1306 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)