Activities of Emma McCLARKIN related to 2018/0331(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online
Amendments (6)
Amendment 57 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Terrorist content is part of a broader problem of illegal content online, which includes other forms of content such as child sexual exploitation, illegal commercial practises and breaches of intellectual property. This problem requires a combination of legislative, non- legislative and voluntary measures based on collaboration between authorities and providers, in the full respect for fundamental rights. Though the threat of illegal content has been mitigated by successful initiatives such as the industry- led Code of Conduct on Hate Speech and the WEePROTECT Global Alliance to end child sexual abuse online, it is necessary to establish a legislative framework for cross-border cooperation between national regulatory authories to take down illegal content.
Amendment 141 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure proportionality, the period of preservation should be limited to sixthree months to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences. However, this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the sixthree months period upon request by the authority carrying out the review. This duration should be sufficient to allow law enforcement authorities to preserve the necessary evidence in relation to investigations, while ensuring the balance with the fundamental rights concerned.
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation shall not apply to activities related to national security as this remains the sole responsibility of each Member State.
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The terrorist content and related data referred to in paragraph 1 shall be preserved for sixthree months. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).
Amendment 384 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Member State in which the main establishment of the hosting service provider is located shall have the jurisdiction for the purposes of Articles 6, 18, and 21. A hosting service provider which does not have its main establishment within one of the Member States shall be deemed to be under the jurisdiction of the Member State where the legal representative referred to in Article 16 resides or is established. Any Member State shall have jurisdiction for the purposes of Articles 4 and 5, irrespective of where the hosting service provider has its main establishment or has designated a legal representative.
Amendment 407 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that a systematic failure to comply with obligations pursuant to Article 4(2) is subject to financial penalties of up to 4% of the hosting service provider's global turnover of the last business year.