Activities of Petra KAMMEREVERT related to 2020/2018(INL)
Opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: Improving the functioning of the Single Market
Amendments (29)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it necessary, as a general principle, to adopt uniform, EUnion-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e- commerce and at the same time calls for a strict distinction to be made between illegal and harmful content and cases of disinformation, as different rules are applicable in each case;
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls at the same time for any regulation of platforms and intermediaries to be conceived so as to devote sufficient attention to the aspects of guaranteeing freedom of information, opinion and the media, promotion of media pluralism and cultural diversity, and maintaining diverse, fair competition;
Amendment 11 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Warns, with reference to freedom of opinion and the press, against extensive assessment of the content of publications which were originally legitimate and legal, and rejects far-reaching regulation of content which was originally legal, at the very least in the framework of the Digital Services Act; suggests however, at the same time, that existing legal frameworks for child protection and against disinformation and hate speech, and their effective enforcement, should be evaluated by means of an 'Action Plan for Democracy';
Amendment 12 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls in particular for account to be taken of unhampered dissemination of content for which a content provider has already comprehensively assumed editorial responsibility, where the content provider is subject to generally recognised, independent and effective supervision, by explicitly banning other platform operators from independently, or by means of notice and action procedures, deciding on the blocking or removal of such content or altering the content; calls for the blocking or removal of such content to be permissible only on the basis of a court order;
Amendment 15 #
2. Calls on platform operators not only to immediately delete illegal content after positive identification,for a requirement to be imposed on operators of active hosting platforms entailing a duty of care which must be actively and independently respected to ensure that illegal content which appears on active hosting platforms is not only immediately deleted but also to continuously transmit itted to the law enforcemcompetent authorities for the purpose of further prosecution, including the metadata necessary for this purpose,; considers that the operators should store the associated metadata for a limited period of time and pass it on only in response to a request from the competent authority during that period; considers that compliance with this duty of care should be monitored by state agencies;
Amendment 20 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the country-of- origin principle should be strengthened by increasing cooperation between Member States to enforce respect for legitimate general and public interests, which requires greater involvement of regulatory authorities and reviews of existing procedural rules and enforcement methods in order to achieve more lasting and effective law enforcement in cross- border cases;
Amendment 53 #
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that largedominant platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants;
Amendment 58 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that the principle that internet access providers are not responsible for the content conveyed over their networks, because they have no control over that content ('mere conduit') must be retained, as it is a cornerstone of the free internet;
Amendment 63 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges that device neutrality be addressed, as it is only by means of its interaction with network neutrality that empowered consumer decisions can be facilitated end to end;
Amendment 65 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for intermediary providers of information society services to introduce a 'Know Your Business Customer' (KYBC) protocol to check the identity of their business customers in accordance with Directive 2000/31/EC and at the same time require intermediaries to immediately refuse or cease to provide their services if the information about the identity of their business customer is false, misleading or otherwise invalid; considers that such a KYBC protocol will not cause any inconvenience to end users of information society services and will assist the legal dissemination of creative and cultural content;
Amendment 69 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Commission finally to address the dangers attendant on online platforms which act as gate keepers for certain parts of the internet (e.g. app stores, search engines, social networks, eCommerce platforms or operating systems) and in this context to take regulatory action, if necessary also in a separate legal framework, to promote freedom of expression, pluralism of content and maintenance of cultural diversity and fair competition;
Amendment 72 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that such sector-specific regulation should as a matter of principle take priority over horizontal regulation; underlines in this context in particular that a future Digital Services Act must neither cancel out nor undermine the existing Audiovisual Media Services Directive, nor hamper its further development, and that on the contrary the specific provisions of that Directive should continue to take precedence;
Amendment 75 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Reiterates that the planned, and already decided, extension of the scope of the Audiovisual Media Services Directive to video sharing platform providers and social networks with reference to the dissemination of audiovisual content can make a substantial contribution to curbing disinformation and hate speech on line, and calls once again for its rapid transposition into domestic law;
Amendment 79 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls for audiovisual media service providers to be afforded access to the data generated by the services they provide or the content they produce, or which is directly associated therewith, if they are offered on global digital platforms, in which connection the provisions concerning the protection of personal data and privacy must always be complied with;
Amendment 81 #
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls for data-based commercial advertising models to be regulated, at the same time making them subject to strict transparency rules, and for platforms with a dominant market position to be made subject to interoperability requirements;
Amendment 83 #
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Calls for the introduction of a binding European single sign-on standard for digital services and downstream services, where these are provided in the EU, including mobile apps and websites, in order, in future too, to ensure independent access for citizens of the EU;
Amendment 104 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 432 #
Motion for a resolution
Subheading 7
Subheading 7
Ex- ante regulation of systemicdominant platforms
Amendment 442 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by largedominant platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy;
Amendment 453 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating largedominant platforms, an internal market instrument imposing ex-ante regulatory remedies on these largedominant platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alonemore efficiently and appropriately;
Amendment 544 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument imposing ex-ante obligations on largedominant platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.
Amendment 595 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemicdominant operator” by establishing a set of clear economicrestrictively so as to establish clear indicators that allow regulatory authorities to identify platforms with aavoid “gatekeeper” roles playing a systemic role in the online economdvance by means of measures to ensure diversity; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 847 #
Motion for a resolution
Annex I – part VII – title
Annex I – part VII – title
VII. EX-ANTE REGULATION OF SYSTEMICDOMINANT PLATFORMS
Amendment 851 #
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemicdominant role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs.
Amendment 859 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemicdominant platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 864 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemicdominant platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 872 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all “systemicdominant platforms” without the need for a decision by a regulatory authority, such as prohibition for “systemicdominant platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;
Amendment 876 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures and to impose fines on “systemicdominant platforms” that fail to respect the different regulatory obligations imposed on them;
Amendment 886 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability measures requiring “systemicdominant platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemicdominant platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemicdominant platform and exchange information with it.