13 Amendments of Louis MICHEL 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 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 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 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 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 605 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Upon request of the content provider, the hosting service provider shall inform the content provider about the reasons for the removal or disabling of access and possibilities to contest the decision, and a copy of the removal order issued according to Article 4.
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.