24 Amendments of Nathalie GRIESBECK related to 2018/0331(COD)
Amendment 46 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to fundamental rights, including the freedom of expression and information.
Amendment 83 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation should not have the effect of modifying the obligation for Member States to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union and Article 11 of the Charter of Fundamental Rights, nor the applicable rules on the processing of personal data, such as Regulation 2016/679 and Directive 2016/680.
Amendment 86 #
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. That right can be exercised before the court of the Member State where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
Amendment 124 #
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that taskfreely designate their competent authority. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 184 #
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation does not affect the procedural guarantees and procedural investigation measures related to the access to content and related data preserved for the purposes of the investigation and prosecution of terrorist offences, as regulated under the national law of the Member States, and under Union legislation. Access to such content and data must be subject to a review by a court or independent administrative body, except in urgent cases.
Amendment 208 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent authorities in Member States should liaise and cooperate with each other with regard to the discussions they have with hosting service providers as to the identification, implementation and assessment of specific proactive measures. Similarly, such cooperation is also needed in relation to the adoption of rules on penalties, as well as the implementation and the enforcement of penalties.
Amendment 226 #
Proposal for a regulation
Recital 34
Recital 34
(34) In the absence of a general requirement for service providers to ensure a physical presence within the territory of the Union, there is a need to ensure clarity under which Member State's jurisdiction the hosting service provider offering services within the Union falls. As a general rule, the hosting service provider falls under the jurisdiction of the Member State in which it has its main establishment or in which it has designated a legal representative. Nevertheless, where another Member State issues a removal order, its authorities should be able to enforce their orders by taking coercive measures of a non-punitive nature, such as penalty payments. With regards to a hosting service provider which has no establishment in the Union and does not designate a legal representative, any Member State should, nevertheless, be able to issue penalties, provided that the principle of ne bis in idem is respected.
Amendment 232 #
Proposal for a regulation
Recital 37
Recital 37
(37) For the purposes of this Regulation, Member States should designate a competent authoritiey in line with their constitutional limits. The requirement to designate one competent authoritiesy does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this Regulation. This Regulation requires designating authorities competent for issuing removal orders, referrals and for overseeing proactive measures and for imposing penalties. It is for Member States to decide how many authorities they wish to designate for these tasks.
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it. This power shall be controlled by the competent judicial authority determined in accordance with national law.
Amendment 387 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The competent authority shall inform as a matter of priority of the issuing of the removal order the competent authorities of other Member States which may be concerned and/or interested by the content of the removal order.
Amendment 402 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5);
Amendment 420 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Upon request by the hosting service provider or by the content provider, the competent authority shall provide a detailed statement of reasonsThe competent authority shall provide a detailed statement of reasons, including the justification of the need for the immediate takedown, without prejudice to the obligation of the hosting service provider to comply with the removal order within the deadline set out in paragraph 2.
Amendment 422 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Upon request by the hosting service provider, the competent authority shall provide detailed information about the possible legal ways to contest the removal order in accordance with the national judicial proceedings. This request does not forfeit the obligation of the hosting service provider to comply with the removal order in the terms set out in this Article.
Amendment 424 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The competent authoritiesy shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to Article 16 and transmit it to the point of contact referred to in Article 14(1). Such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order.
Amendment 456 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Where the hosting service provider considers that the referral does not contain sufficient information to assess the referred content, it shall inform without delay the competent authoritiesy or relevant Union body, setting out what further information or clarification is required.
Amendment 502 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures. For that purpose, the hosting service providercompetent authority shall coopellaborate with the competent authority referred to in Article 17(1)(c)hosting service provider with a view to identifying the specific measures that the hosting service provider shall put in place, taking due account of the nature, the technical, economical and operational capacity of the hosting service provider, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 527 #
(a) proceedings of administrative or judicial review and remedy,
Amendment 553 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 598 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 613 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that their competent authoritiesy haves the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this Regulation.
Amendment 652 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 666 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the authority ora single administrative or judicial authoritiesy competent to
Amendment 679 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Right to an effective judicial remedy 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a competent authority. 2. Proceedings against a competent authority shall be brought before the courts of the Member State where the hosting service provider has its main establishment or where, pursuant to Article 16, the legal representative designated resides or is established, without prejudice of the jurisdiction rules defined in Article 15. 3. Competent authorities must comply with the relevant European and national legislation when carrying out the duties described in Article 4, 5 and 6 of this Regulation. 4. If the judicial authority deems that the competent authority does not comply with the relevant legal framework, the competent authority shall ensure without undue delay the restitution of the content targeted by the removal order or referral.
Amendment 730 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms and the impact on Fundamental Rights, including freedom of expression and freedom to receive and impart information. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.