14 Amendments of Andreas SCHWAB related to 2018/0331(COD)
Amendment 140 #
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 task. 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 orderthe period specified by the competent authority. 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 172 #
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hour from theas soon as possible after receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.
Amendment 180 #
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal orderthe period specified by the competent authority. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the dissemination of terrorist content and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account in particular the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The competent authority shall grant the hosting service a period of at least one hour in which to comply with the removal order. When setting the time limit, the competent authority shall take into account that SMEs may need a longer period to comply with the removal order.
Amendment 259 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal orderthe time limit specified by the authority.
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) date and time stamp of issuing and the deadline specified for the removal order;
Amendment 272 #
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 reasons, without prejudice to the obligation of the hosting service provider to comply with the removal order within the deadline set out in paragraph 2pecified.
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. If the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider, it shall inform, without undue delay, the competent authority, explaining the reasons, using the template set out in Annex III. The deadline set out in paragraph 2pecified in the removal order shall apply as soon as the reasons invoked are no longer present.
Amendment 277 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. If the hosting service provider cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient information to execute the order, it shall inform the competent authority without undue delay, asking for the necessary clarification, using the template set out in Annex III. The deadline set out in paragraph 2pecified in the removal order shall apply as soon as the clarification is provided.
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society. The competent authorities shall assist SMEs in taking proactive measures.
Amendment 338 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hosting service providers use automated tools pursuant to this Regulation in respect of content that they store, they shall provide effective and appropriate safeguards tohat respect the fundamental rights of users and ensure that decisions taken concerning that content, in particular decisions to remove or disable content considered to be terrorist content, are accurate and well-founded.
Amendment 399 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Under Article 4 of Regulation (EU)….16 the addressee of the removal order shall remove terrorist content or disable access to it, within one hour from receipt of the removal order fromthe deadline specified by the competent authority. _________________ 16 Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online (OJ L …...).
Amendment 401 #
Proposal for a regulation
Annex I – section B – title
Annex I – section B – title
B A URL and any additional information enablContent to be removed or access to it disabled withing the identification and exact location ofadline specified by the conmpetent referredauthority: