Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | JAKI Patryk ( ECR) | ZARZALEJOS Javier ( EPP), KALJURAND Marina ( S&D), PAGAZAURTUNDÚA Maite ( Renew), BREYER Patrick ( Verts/ALE), GARRAUD Jean-Paul ( ID), ERNST Cornelia ( GUE/NGL) |
Former Responsible Committee | LIBE | DALTON Daniel ( ECR) | |
Former Committee Opinion | CULT | WARD Julie ( S&D) | Emma McCLARKIN ( ECR), Svetoslav Hristov MALINOV ( PPE) |
Former Committee Opinion | ITRE | ||
Former Committee Opinion | IMCO | REDA Felix ( Verts/ALE) | Lucy ANDERSON ( S&D), Daniel DALTON ( ECR), Jiří MAŠTÁLKA ( GUE/NGL), Jasenko SELIMOVIC ( ALDE) |
Lead committee dossier:
Legal Basis:
TFEU 114-p1
Legal Basis:
TFEU 114-p1Subjects
Events
The European Parliament adopted a legislative resolution approving the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online.
The proposed regulation establishes uniform rules to combat the misuse of hosting services for the dissemination of terrorist content online. It will provide Member States with additional tools to ensure the swift removal of terrorist content if necessary. It will apply to hosting service providers offering services in the EU, irrespective of their principal place of business, insofar as they disseminate information to the public.
In particular, the new Regulation provides for the following:
- the possibility for the competent authorities of the Member States to issue removal orders requiring hosting service providers to remove or block access to terrorist content in all Member States. These providers will then have to remove the content or block access to it within one hour;
- strengthening the role of the host Member State with regard to removal orders with cross-border implications through the introduction of a scrutiny procedure;
- the obligation for hosting service providers to take specific, reasonable and proportionate measures to protect their services against the dissemination of terrorist content online, the choice of such measures being left to each hosting service provider;
- a clear scope and uniform definition of terrorist content in order to fully respect fundamental rights. In particular, the Regulation provides for effective remedies, both for users whose content has been removed and for service providers wishing to make a complaint;
- rules on penalties for breaches of the Regulation by hosting service providers: hosting service providers could face penalties of up to 4% of their global turnover if they systematically or persistently fail to comply with the one-hour rule to remove or disable access to terrorist content.
The Council adopted its position at first reading with a view to the adoption of the Regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online.
A clear legal framework
The proposed regulation establishes a clear legal framework that sets out the responsibilities of Member States and hosting service providers with a view to addressing the misuse of hosting services for the dissemination of terrorist content online, in particular concerning:
- the responsibilities of hosting service providers to ensure the safety of their services and to swiftly and effectively combat, identify and remove or block access to terrorist content online;
- the measures to be put in place by Member States, in accordance with Union law and subject to appropriate safeguards to protect fundamental rights, in particular freedom of expression and information in an open and democratic society, to identify terrorist content and to ensure its prompt removal by hosting service providers.
Europol could support the implementation of the provisions of the Regulation.
Scope of application
The Regulation should apply to hosting service providers offering services in the Union, irrespective of their principal place of business, insofar as they disseminate information to the public.
Materiel disseminated for educational, journalistic, artistic or research purposes or for awareness-raising purposes to prevent or counter terrorism should not be considered terrorist content. This also includes content expressing polemic or controversial views in a public debate on sensitive political questions.
Removal orders
The competent authority in each Member State should have the power to issue a removal order requiring hosting service providers to remove or block access to terrorist content in all Member States. The Council position provides for the removal of terrorist content within a maximum of one hour after receipt of the removal order.
Except in duly justified emergency cases, a 12-hour advance notification including information on the applicable procedures and deadlines, should be given to those hosting service providers that have not previously received a removal order from that authority.
Thorough examination of removal orders
The Council position strengthens the role of the host Member State in relation to removal orders that have cross-border with implications by introducing a scrutiny procedure.
The competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established may, on its own initiative, scrutinise the removal order to determine whether it seriously or manifestly infringes this Regulation or the fundamental rights and freedoms guaranteed by the Charter of Fundamental Rights of the European Union.
Upon a reasoned request from a hosting service provider or content provider, the host Member State should be obliged to carry out a thorough examination to determine whether such a breach exists.
Specific measures
Hosting service providers should take specific, reasonable and proportionate measures to protect their services against the dissemination of terrorist content online, the choice of such measures being left to each hosting service provider.
The Council's position makes it clear that the hosting service provider could adopt different measures to combat the dissemination of terrorist content, including automated measures, which may be adapted according to the abilities of the hosting service provider and the nature of the services offered.
If the competent authority considers that the specific measures put in place are insufficient to address the risks, it may require the adoption of appropriate, effective and proportionate additional specific measures. This requirement should not, however, lead to a general obligation to monitor or engage in active fact-finding or to an obligation to use automated tools.
In order to ensure transparency, hosting service providers should publish annual transparency reports on the measures taken against the dissemination of terrorist content.
Content and data retention
Terrorist content which has been removed or access to which has been disabled as a result of removal orders or of specific measures must be preserved for six months from the removal or disabling, a period which can be prolonged if and for as long as necessary in relation to a review.
Remedies and complaints
In addition to the possibilities of judicial redress guaranteed by the right to an effective remedy, the Regulation should put in place a number of safeguards and mechanisms allowing content providers to lodge a complaint about the removal or blocking and requesting the restoration of content or access to it.
Penalties
Member States should lay down rules on penalties applicable to infringements by the hosting service providers of the Regulation. Penalties could take different forms, including formal warnings in the case of minor infringements or financial penalties in relation to more severe infringements. The Council position sets out which infringements are subject to penalties and which circumstances are relevant for assessing the type and level of such penalties. Hosting service providers could face sanctions of up to 4% of their global turnover if they systematically or persistently fail to abide by the one-hour rule to remove or disable access to terrorist content.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Daniel DALTON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online.
The committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
Purpose and scope
The proposed Regulation shall provide rules on reasonable and proportionate duties of care to be applied by hosting service providers in order to tackle the public dissemination of terrorist content through their services and ensure, where necessary, its swift removal.
It shall apply to hosting service providers offering services in the Union to the public, irrespective of their place of main establishment. It shall not apply to content which is disseminated for educational, artistic, journalistic or research purposes, or for awareness raising purposes against terrorist activity, nor to content which represents an expression of polemic or controversial views in the course of public debate.
The Regulation shall apply without prejudice to the fundamental principles of Union law and national law relating to freedom of expression, freedom of the press and freedom and pluralism of the media.
Terrorist content
The legislation shall cover material that, inter alia : (i) incites to commit an offence by glorifying terrorist acts, (ii) soliciting persons to participate in the activities of a terrorist group, including by providing information or material resources, or by financing its activities in any way; (iii) provides instructions for the manufacture or use of explosives, firearms or other weapons or harmful or dangerous substances to commit a terrorist offence.
Due diligence obligations and removal orders
Hosting service providers shall apply certain duties of care, in order to tackle the dissemination of terrorist content on their services to the public. These duties of care should not amount to a general obligation on hosting service providers to monitor the information which they store, nor to a general obligation to actively seek facts or circumstances indicating illegal activity.
Where hosting service providers obtain knowledge or awareness of terrorist content on their services, they shall inform the competent authorities of such content and remove it expeditiously. They shall remove terrorist content or disable access to it as soon as possible and within one hour from receipt of the removal order.
If the competent authority concerned has not previously issued a removal order to a hosting service provider, it should contact the latter by providing information on the applicable procedures and deadlines at least 12 hours before issuing a removal order.
Members introduced new provisions to clarify the consultation procedure for removal orders and the cooperation procedure for issuing an additional removal order.
Proactive measures
If it establishes that a provider of hosting services has received a substantial number of removal orders, the competent authority may send a request for necessary, proportionate and effective additional specific measures to be implemented by the provider of hosting services.
Transparency obligations
Only hosting service providers which are subject to removal orders for that year should be obliged to publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content. Competent authorities shall also publish annual transparency reports.
The Commission shall set up an online register listing all competent authorities and the designated contact point for each competent authority.
Sanctions
Member States shall lay down the rules on penalties applicable to systematic and persistent breaches of the obligations by hosting service providers under this Regulation.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Daniel DALTON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online.
The committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
Purpose and scope
The proposed Regulation shall provide rules on reasonable and proportionate duties of care to be applied by hosting service providers in order to tackle the public dissemination of terrorist content through their services and ensure, where necessary, its swift removal.
It shall apply to hosting service providers offering services in the Union to the public, irrespective of their place of main establishment. It shall not apply to content which is disseminated for educational, artistic, journalistic or research purposes, or for awareness raising purposes against terrorist activity, nor to content which represents an expression of polemic or controversial views in the course of public debate.
The Regulation shall apply without prejudice to the fundamental principles of Union law and national law relating to freedom of expression, freedom of the press and freedom and pluralism of the media.
Terrorist content
The legislation shall cover material that, inter alia : (i) incites to commit an offence by glorifying terrorist acts, (ii) soliciting persons to participate in the activities of a terrorist group, including by providing information or material resources, or by financing its activities in any way; (iii) provides instructions for the manufacture or use of explosives, firearms or other weapons or harmful or dangerous substances to commit a terrorist offence.
Due diligence obligations and removal orders
Hosting service providers shall apply certain duties of care, in order to tackle the dissemination of terrorist content on their services to the public. These duties of care should not amount to a general obligation on hosting service providers to monitor the information which they store, nor to a general obligation to actively seek facts or circumstances indicating illegal activity.
Where hosting service providers obtain knowledge or awareness of terrorist content on their services, they shall inform the competent authorities of such content and remove it expeditiously. They shall remove terrorist content or disable access to it as soon as possible and within one hour from receipt of the removal order.
If the competent authority concerned has not previously issued a removal order to a hosting service provider, it should contact the latter by providing information on the applicable procedures and deadlines at least 12 hours before issuing a removal order.
Members introduced new provisions to clarify the consultation procedure for removal orders and the cooperation procedure for issuing an additional removal order.
Proactive measures
If it establishes that a provider of hosting services has received a substantial number of removal orders, the competent authority may send a request for necessary, proportionate and effective additional specific measures to be implemented by the provider of hosting services.
Transparency obligations
Only hosting service providers which are subject to removal orders for that year should be obliged to publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content. Competent authorities shall also publish annual transparency reports.
The Commission shall set up an online register listing all competent authorities and the designated contact point for each competent authority.
Sanctions
Member States shall lay down the rules on penalties applicable to systematic and persistent breaches of the obligations by hosting service providers under this Regulation.
PURPOSE: strengthen the action of the European Union in combatting the spread of online terrorist content.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with council.
BACKGROUND: the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist-related content in order to spread their message, radicalise and attract new recruits, as well as to facilitate and direct terrorist activities is of particular concern. Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers, the EU Internet Forum .
The Commission proposes to complement these efforts with a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by the Commission Recommendation (EU) 2018/334 and responds to calls made by the European Parliament in its resolution of 15 June 2017 to strengthen measures to tackle illegal and harmful content and by the European Council to improve the automatic detection and removal of content that incites to terrorist acts.
IMPACT ASSESSMENT: the impact assessment concluded that a series of measures were needed to achieve the strategic objective of reducing online terrorist content. Three main options were considered, in addition to the baseline scenario, with increasing degrees of effectiveness in achieving the objectives set in the impact assessment.
CONTENT: the draft regulation aims to increase the effectiveness of current measures to detect, identify and remove terrorist content online without encroaching on fundamental rights, such as freedom of expression and information.
In specific terms, the proposal:
defines terrorist content as material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group; provides for duties of care to be applied by hosting service providers when taking action in accordance with the regulation and in particular, with due regard to the fundamental rights involved; requires Member States to empower competent authorities to issue removal orders and lays down a requirement for hosting service providers to remove content within one hour of the receipt of a removal order; sets out the minimum elements referrals should contain and procedures for hosting service providers to give feedback to the issuing authority, and to inform the latter if it is not possible to comply with the order or if further clarification is required; requires hosting service providers, where appropriate, to take proactive measures commensurate with the level of risk and to remove terrorist material from their services, including deploying automated detection tools; requires hosting service providers to: (i) preserve removed content and related data for six months for review proceedings and for investigative purposes; (ii) explain their policies against terrorist content and to publish annual transparency reports on the actions taken in this regard; (iii) put in place specific safeguards and remedies to ensure that users can challenge the deletion of their content; requires Member States to ensure that competent authorities have sufficient capability and resources to combat online terrorist content and to cooperate with each other and, where appropriate, with Europol, to avoid duplicating work and any interference with ongoing investigations; provides for the establishment of points of contact by both hosting service providers and Member States to facilitate communication between them, particularly in relation to referrals and removal orders; requires hosting service providers which do not have an establishment within any Member State but which do offer services within the Union, to designate a legal representative in the Union; specifies that Member States should lay down rules on penalties for non-compliance and provides criteria for Member States to take into account when determining the type and level of penalties.
Documents
- Final act published in Official Journal: Regulation 2021/784
- Final act published in Official Journal: OJ L 172 17.05.2021, p. 0079
- Draft final act: 00019/2021/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T9-0144/2021
- Committee recommendation tabled for plenary, 2nd reading: A9-0133/2021
- Committee recommendation tabled for plenary, 2nd reading: A9-0133/2021
- Committee draft report: PE691.200
- Council position published: 14308/1/2020
- Commission communication on Council's position: COM(2021)0123
- Commission communication on Council's position: EUR-Lex
- Commission response to text adopted in plenary: SP(2019)440
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0421/2019
- Committee report tabled for plenary, 1st reading: A8-0193/2019
- Committee opinion: PE632.028
- Committee opinion: PE632.087
- Amendments tabled in committee: PE636.146
- Amendments tabled in committee: PE636.147
- Amendments tabled in committee: PE636.150
- Committee draft report: PE633.042
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Economic and Social Committee: opinion, report: CES4761/2018
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0408
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0409
- Legislative proposal published: COM(2018)0640
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0408
- Document attached to the procedure: EUR-Lex SWD(2018)0409
- Economic and Social Committee: opinion, report: CES4761/2018
- Committee draft report: PE633.042
- Amendments tabled in committee: PE636.146
- Amendments tabled in committee: PE636.147
- Amendments tabled in committee: PE636.150
- Committee opinion: PE632.087
- Committee opinion: PE632.028
- Commission response to text adopted in plenary: SP(2019)440
- Commission communication on Council's position: COM(2021)0123 EUR-Lex
- Committee draft report: PE691.200
- Committee recommendation tabled for plenary, 2nd reading: A9-0133/2021
- Draft final act: 00019/2021/LEX
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
- Contribution: COM(2018)0640
Votes
A8-0193/2019 - Daniel Dalton - Am 31 17/04/2019 17:28:27.000 #
A8-0193/2019 - Daniel Dalton - Am 35 17/04/2019 17:28:38.000 #
A8-0193/2019 - Daniel Dalton - Am 57 17/04/2019 17:28:55.000 #
A8-0193/2019 - Daniel Dalton - Am 63 17/04/2019 17:29:29.000 #
A8-0193/2019 - Daniel Dalton - Am 67 17/04/2019 17:29:40.000 #
A8-0193/2019 - Daniel Dalton - Am 82 17/04/2019 17:29:51.000 #
A8-0193/2019 - Daniel Dalton - Am 163 17/04/2019 17:31:31.000 #
A8-0193/2019 - Daniel Dalton - Am 160 17/04/2019 17:32:32.000 #
IT | FR | DE | ES | EL | NL | BE | SE | PT | LT | IE | MT | EE | DK | AT | CY | RO | LU | LV | HR | CZ | SI | PL | SK | BG | HU | FI | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
44
|
67
|
90
|
48
|
11
|
22
|
19
|
17
|
19
|
7
|
6
|
6
|
5
|
11
|
17
|
1
|
24
|
6
|
6
|
11
|
18
|
8
|
44
|
10
|
12
|
15
|
11
|
53
|
|
S&D |
151
|
Italy S&DFor (6)Against (13) |
Germany S&DFor (25)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Ismail ERTUG, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
Against (1) |
1
|
3
|
4
|
4
|
Portugal S&DFor (6)Against (1) |
2
|
3
|
1
|
3
|
Austria S&D |
Romania S&DFor (11)Against (1) |
1
|
1
|
2
|
1
|
1
|
Poland S&DFor (5) |
2
|
3
|
2
|
2
|
United Kingdom S&DFor (1)Against (17) |
||||
Verts/ALE |
49
|
1
|
France Verts/ALEFor (6) |
Germany Verts/ALEFor (11)Against (2) |
Spain Verts/ALE |
2
|
2
|
3
|
1
|
1
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
3
|
France GUE/NGLFor (5) |
Germany GUE/NGLFor (7) |
Greece GUE/NGL |
1
|
1
|
4
|
2
|
1
|
1
|
3
|
1
|
||||||||||||||||
EFDD |
27
|
Italy EFDDFor (11)Abstain (1) |
France EFDDFor (2)Against (3) |
1
|
1
|
United Kingdom EFDDFor (7)Against (1) |
|||||||||||||||||||||||
ENF |
31
|
Italy ENF |
13
|
1
|
4
|
1
|
3
|
2
|
2
|
||||||||||||||||||||
NI |
13
|
2
|
1
|
Greece NI |
2
|
3
|
|||||||||||||||||||||||
ECR |
61
|
1
|
Germany ECRAgainst (6) |
1
|
2
|
4
|
2
|
1
|
3
|
1
|
1
|
2
|
Poland ECRFor (13)Against (3) |
2
|
1
|
1
|
United Kingdom ECRFor (1)Against (16) |
||||||||||||
ALDE |
57
|
1
|
France ALDEAgainst (6) |
4
|
Spain ALDEFor (1)Against (6) |
Netherlands ALDEAgainst (3) |
Belgium ALDEFor (1)Against (4) |
3
|
1
|
1
|
1
|
2
|
2
|
1
|
1
|
1
|
2
|
4
|
1
|
3
|
4
|
||||||||
PPE |
176
|
2
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
Germany PPEAgainst (31)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
3
|
3
|
Sweden PPE |
Portugal PPEAgainst (7) |
2
|
3
|
3
|
1
|
1
|
5
|
Romania PPEAgainst (10) |
3
|
4
|
Croatia PPEFor (1)Against (4) |
Czechia PPEFor (1)Against (6) |
5
|
Poland PPEFor (1)Against (18)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Czesław Adam SIEKIERSKI,
Danuta JAZŁOWIECKA,
Danuta Maria HÜBNER,
Dariusz ROSATI,
Elżbieta Katarzyna ŁUKACIJEWSKA,
Jan OLBRYCHT,
Janusz LEWANDOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Marek PLURA,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
|
Slovakia PPEAgainst (6) |
Bulgaria PPEAgainst (5) |
Hungary PPEAgainst (9) |
3
|
2
|
A8-0193/2019 - Daniel Dalton - Am 157 17/04/2019 17:32:46.000 #
A8-0193/2019 - Daniel Dalton - Am 164 17/04/2019 17:32:59.000 #
FR | DE | ES | SE | EL | LT | EE | BE | PT | CY | IE | RO | MT | IT | DK | AT | NL | LU | LV | SI | FI | HR | CZ | SK | BG | HU | PL | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
67
|
89
|
47
|
18
|
11
|
7
|
5
|
19
|
19
|
1
|
6
|
24
|
6
|
42
|
11
|
17
|
22
|
6
|
6
|
7
|
10
|
11
|
18
|
10
|
12
|
15
|
40
|
53
|
|
S&D |
151
|
Germany S&DFor (27)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Iris HOFFMANN, Ismail ERTUG, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
|
5
|
1
|
2
|
1
|
4
|
Portugal S&DFor (6)Against (1) |
3
|
Italy S&DFor (5)Against (13) |
3
|
Austria S&D |
3
|
1
|
1
|
1
|
2
|
2
|
1
|
2
|
3
|
2
|
Poland S&DFor (5) |
United Kingdom S&DAgainst (17)Abstain (1) |
|||||
Verts/ALE |
48
|
France Verts/ALEFor (6) |
Germany Verts/ALEFor (12) |
Spain Verts/ALE |
3
|
1
|
1
|
2
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
France GUE/NGLFor (5) |
Germany GUE/NGLFor (7) |
1
|
Greece GUE/NGL |
4
|
1
|
2
|
3
|
1
|
1
|
3
|
1
|
||||||||||||||||
EFDD |
28
|
France EFDDFor (2)Against (3) |
1
|
Italy EFDDFor (11)Abstain (1) |
1
|
United Kingdom EFDDFor (9) |
|||||||||||||||||||||||
ENF |
30
|
13
|
1
|
1
|
4
|
3
|
4
|
2
|
2
|
||||||||||||||||||||
NI |
13
|
2
|
1
|
Greece NI |
3
|
2
|
|||||||||||||||||||||||
ECR |
59
|
Germany ECRAgainst (5) |
2
|
1
|
1
|
4
|
1
|
1
|
3
|
2
|
1
|
1
|
2
|
2
|
1
|
United Kingdom ECRAgainst (17) |
|||||||||||||
ALDE |
57
|
France ALDEAgainst (6) |
4
|
Spain ALDEFor (1)Against (6) |
3
|
1
|
2
|
Belgium ALDEAgainst (5) |
1
|
1
|
1
|
1
|
2
|
1
|
Netherlands ALDEAgainst (7) |
1
|
1
|
4
|
2
|
4
|
3
|
||||||||
PPE |
170
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
Germany PPEFor (1)Against (30)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
Sweden PPE |
2
|
1
|
3
|
Portugal PPEAgainst (7) |
3
|
Romania PPEAgainst (10) |
3
|
2
|
1
|
5
|
3
|
3
|
4
|
4
|
2
|
5
|
Czechia PPEFor (1)Against (6) |
Slovakia PPEAgainst (6) |
Bulgaria PPEAgainst (5) |
Hungary PPEAgainst (9) |
Poland PPEAgainst (16) |
1
|
A8-0193/2019 - Daniel Dalton - Am 83S 17/04/2019 17:33:39.000 #
A8-0193/2019 - Daniel Dalton - Am 165S 17/04/2019 17:34:58.000 #
A8-0193/2019 - Daniel Dalton - Am 161 17/04/2019 17:35:16.000 #
A8-0193/2019 - Daniel Dalton - Am 162 17/04/2019 17:35:35.000 #
A8-0193/2019 - Daniel Dalton - Am 158 17/04/2019 17:35:52.000 #
A8-0193/2019 - Daniel Dalton - Am 156 17/04/2019 17:36:13.000 #
A8-0193/2019 - Daniel Dalton - Am 159 17/04/2019 17:36:53.000 #
FR | ES | DE | NL | IT | PL | EL | BE | EE | SE | LT | CY | IE | MT | PT | DK | AT | SI | RO | LU | LV | SK | HR | FI | BG | CZ | HU | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
65
|
48
|
88
|
21
|
44
|
44
|
11
|
19
|
4
|
18
|
7
|
1
|
6
|
6
|
19
|
11
|
17
|
8
|
24
|
6
|
6
|
10
|
11
|
11
|
12
|
18
|
15
|
53
|
|
S&D |
152
|
Germany S&DFor (25)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Ismail ERTUG, Jens GEIER, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
Against (2) |
3
|
Italy S&DFor (6)Against (13) |
Poland S&DFor (5) |
1
|
4
|
1
|
Sweden S&DAgainst (1) |
2
|
3
|
Portugal S&DAgainst (2) |
3
|
Austria S&D |
1
|
Romania S&DFor (11)Against (1) |
1
|
1
|
2
|
2
|
2
|
3
|
1
|
2
|
United Kingdom S&DFor (1)Against (17) |
||||
Verts/ALE |
49
|
France Verts/ALEFor (6) |
Spain Verts/ALE |
Germany Verts/ALEFor (13) |
2
|
1
|
2
|
1
|
3
|
1
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
France GUE/NGLFor (5) |
Germany GUE/NGLFor (7) |
1
|
3
|
Greece GUE/NGL |
1
|
1
|
2
|
4
|
1
|
3
|
1
|
||||||||||||||||
ENF |
30
|
France ENFFor (11)Against (1) |
1
|
4
|
Italy ENF |
2
|
1
|
3
|
2
|
||||||||||||||||||||
EFDD |
26
|
France EFDDFor (2)Against (3) |
Italy EFDDFor (11)Abstain (1) |
1
|
United Kingdom EFDDFor (2)Abstain (6) |
||||||||||||||||||||||||
NI |
13
|
2
|
1
|
2
|
Greece NIAgainst (2)Abstain (3) |
3
|
|||||||||||||||||||||||
ECR |
60
|
Germany ECRAgainst (5) |
2
|
1
|
Poland ECRFor (16) |
1
|
4
|
2
|
1
|
3
|
1
|
2
|
1
|
1
|
1
|
2
|
United Kingdom ECRAgainst (17) |
||||||||||||
ALDE |
55
|
France ALDEAgainst (6) |
Spain ALDEFor (1)Against (6) |
4
|
Netherlands ALDEAgainst (3) |
1
|
Belgium ALDEFor (1)Against (4) |
1
|
3
|
1
|
1
|
1
|
2
|
1
|
1
|
1
|
1
|
2
|
4
|
3
|
4
|
||||||||
PPE |
175
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
Germany PPEFor (2)Against (28)
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
3
|
2
|
Poland PPEFor (3)Against (16)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Czesław Adam SIEKIERSKI,
Danuta Maria HÜBNER,
Dariusz ROSATI,
Elżbieta Katarzyna ŁUKACIJEWSKA,
Jan OLBRYCHT,
Janusz LEWANDOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
|
3
|
1
|
Sweden PPE |
2
|
3
|
3
|
Portugal PPEAgainst (7) |
1
|
5
|
5
|
Romania PPEAgainst (10) |
3
|
4
|
Slovakia PPEAgainst (6) |
5
|
3
|
Bulgaria PPEAgainst (5) |
Czechia PPEFor (1)Against (6) |
Hungary PPEAgainst (9) |
2
|
A8-0193/2019 - Daniel Dalton - Proposition de la Commission 17/04/2019 17:37:11.000 #
A8-0193/2019 - Daniel Dalton - Am 31 #
A8-0193/2019 - Daniel Dalton - Am 35 #
A8-0193/2019 - Daniel Dalton - Am 57 #
A8-0193/2019 - Daniel Dalton - Am 63 #
A8-0193/2019 - Daniel Dalton - Am 67 #
A8-0193/2019 - Daniel Dalton - Am 82 #
A8-0193/2019 - Daniel Dalton - Am 163 #
A8-0193/2019 - Daniel Dalton - Am 160 #
FR | IT | DE | EL | ES | NL | BE | PT | LT | IE | SE | MT | EE | DK | AT | CY | RO | LU | LV | HR | CZ | SI | PL | SK | BG | HU | FI | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
68
|
44
|
90
|
11
|
47
|
22
|
19
|
19
|
7
|
6
|
16
|
6
|
5
|
11
|
17
|
1
|
24
|
6
|
6
|
11
|
18
|
8
|
44
|
10
|
12
|
15
|
11
|
53
|
|
S&D |
152
|
Italy S&DFor (6)Against (13) |
Germany S&DFor (25)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Ismail ERTUG, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
Against (1) |
1
|
3
|
4
|
Portugal S&DFor (6)Against (1) |
2
|
4
|
3
|
1
|
3
|
Austria S&D |
Romania S&DFor (11)Against (1) |
1
|
1
|
2
|
1
|
1
|
Poland S&DFor (5) |
2
|
3
|
2
|
2
|
United Kingdom S&DFor (1)Against (17) |
||||
Verts/ALE |
47
|
France Verts/ALEFor (6) |
1
|
Germany Verts/ALEFor (11)Against (2) |
4
|
2
|
2
|
1
|
2
|
1
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
France GUE/NGLFor (5) |
3
|
Germany GUE/NGLFor (7) |
Greece GUE/NGL |
1
|
4
|
2
|
1
|
1
|
1
|
3
|
1
|
||||||||||||||||
EFDD |
27
|
France EFDDFor (2)Against (3) |
Italy EFDDFor (11)Abstain (1) |
1
|
1
|
United Kingdom EFDDFor (7)Against (1) |
|||||||||||||||||||||||
ENF |
32
|
France ENFFor (12)Against (2) |
Italy ENF |
1
|
4
|
1
|
3
|
2
|
2
|
||||||||||||||||||||
NI |
13
|
2
|
1
|
Greece NI |
2
|
3
|
|||||||||||||||||||||||
ECR |
61
|
1
|
Germany ECRAgainst (6) |
1
|
2
|
4
|
1
|
2
|
3
|
1
|
1
|
2
|
Poland ECRFor (13)Against (3) |
2
|
1
|
1
|
United Kingdom ECRFor (1)Against (16) |
||||||||||||
ALDE |
56
|
France ALDEAgainst (6) |
1
|
4
|
Spain ALDEFor (1)Against (5) |
Netherlands ALDEAgainst (3) |
Belgium ALDEFor (1)Against (4) |
1
|
1
|
1
|
3
|
2
|
2
|
1
|
1
|
1
|
2
|
4
|
1
|
3
|
4
|
||||||||
PPE |
176
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
2
|
Germany PPEAgainst (31)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
3
|
3
|
Portugal PPEAgainst (7) |
2
|
3
|
Sweden PPE |
3
|
1
|
1
|
5
|
Romania PPEAgainst (10) |
3
|
4
|
Croatia PPEFor (1)Against (4) |
Czechia PPEFor (1)Against (6) |
5
|
Poland PPEFor (1)Against (18)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Czesław Adam SIEKIERSKI,
Danuta JAZŁOWIECKA,
Danuta Maria HÜBNER,
Dariusz ROSATI,
Elżbieta Katarzyna ŁUKACIJEWSKA,
Jan OLBRYCHT,
Janusz LEWANDOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Marek PLURA,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
|
Slovakia PPEAgainst (6) |
Bulgaria PPEAgainst (5) |
Hungary PPEAgainst (9) |
3
|
2
|
A8-0193/2019 - Daniel Dalton - Am 157 #
A8-0193/2019 - Daniel Dalton - Am 164 #
FR | DE | ES | EL | SE | LT | EE | BE | PT | CY | IE | RO | MT | IT | DK | AT | NL | LU | LV | SI | FI | HR | CZ | SK | BG | HU | PL | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
68
|
89
|
46
|
11
|
17
|
7
|
5
|
19
|
19
|
1
|
6
|
24
|
6
|
42
|
11
|
17
|
22
|
6
|
6
|
7
|
10
|
11
|
18
|
10
|
12
|
15
|
40
|
53
|
|
S&D |
152
|
Germany S&DFor (27)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Iris HOFFMANN, Ismail ERTUG, Jens GEIER, Jo LEINEN, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
|
1
|
5
|
2
|
1
|
4
|
Portugal S&DFor (6)Against (1) |
3
|
Italy S&DFor (5)Against (13) |
3
|
Austria S&D |
3
|
1
|
1
|
1
|
2
|
2
|
1
|
2
|
3
|
2
|
Poland S&DFor (5) |
United Kingdom S&DAgainst (17)Abstain (1) |
|||||
Verts/ALE |
46
|
France Verts/ALEFor (6) |
Germany Verts/ALEFor (12) |
4
|
2
|
1
|
1
|
2
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
France GUE/NGLFor (5) |
Germany GUE/NGLFor (7) |
Greece GUE/NGL |
1
|
4
|
1
|
2
|
3
|
1
|
1
|
3
|
1
|
||||||||||||||||
EFDD |
28
|
France EFDDFor (2)Against (3) |
1
|
Italy EFDDFor (11)Abstain (1) |
1
|
United Kingdom EFDDFor (9) |
|||||||||||||||||||||||
ENF |
31
|
France ENFFor (12)Against (2) |
1
|
1
|
4
|
3
|
4
|
2
|
2
|
||||||||||||||||||||
NI |
13
|
2
|
1
|
Greece NI |
3
|
2
|
|||||||||||||||||||||||
ECR |
59
|
Germany ECRAgainst (5) |
1
|
2
|
1
|
4
|
1
|
1
|
3
|
2
|
1
|
1
|
2
|
2
|
1
|
United Kingdom ECRAgainst (17) |
|||||||||||||
ALDE |
56
|
France ALDEAgainst (6) |
4
|
Spain ALDEFor (1)Against (5) |
3
|
1
|
2
|
Belgium ALDEAgainst (5) |
1
|
1
|
1
|
1
|
2
|
1
|
Netherlands ALDEAgainst (7) |
1
|
1
|
4
|
2
|
4
|
3
|
||||||||
PPE |
170
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
Germany PPEFor (1)Against (30)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
Sweden PPE |
2
|
1
|
3
|
Portugal PPEAgainst (7) |
3
|
Romania PPEAgainst (10) |
3
|
2
|
1
|
5
|
3
|
3
|
4
|
4
|
2
|
5
|
Czechia PPEFor (1)Against (6) |
Slovakia PPEAgainst (6) |
Bulgaria PPEAgainst (5) |
Hungary PPEAgainst (9) |
Poland PPEAgainst (16) |
1
|
A8-0193/2019 - Daniel Dalton - Am 83S #
A8-0193/2019 - Daniel Dalton - Am 165S #
A8-0193/2019 - Daniel Dalton - Am 161 #
A8-0193/2019 - Daniel Dalton - Am 162 #
A8-0193/2019 - Daniel Dalton - Am 158 #
A8-0193/2019 - Daniel Dalton - Am 156 #
A8-0193/2019 - Daniel Dalton - Am 159 #
FR | ES | DE | NL | IT | PL | EL | BE | EE | LT | SE | CY | IE | MT | PT | DK | AT | SI | RO | LU | LV | SK | HR | FI | BG | CZ | HU | GB | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
66
|
47
|
88
|
21
|
44
|
44
|
11
|
19
|
4
|
7
|
17
|
1
|
6
|
6
|
19
|
11
|
17
|
8
|
24
|
6
|
6
|
10
|
11
|
11
|
12
|
18
|
15
|
53
|
|
S&D |
153
|
Germany S&DFor (25)Arndt KOHN, Arne LIETZ, Babette WINTER, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Ismail ERTUG, Jens GEIER, Joachim SCHUSTER, Kerstin WESTPHAL, Knut FLECKENSTEIN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
Against (2) |
3
|
Italy S&DFor (6)Against (13) |
Poland S&DFor (5) |
1
|
4
|
1
|
2
|
Sweden S&DAgainst (1) |
3
|
Portugal S&DAgainst (2) |
3
|
Austria S&D |
1
|
Romania S&DFor (11)Against (1) |
1
|
1
|
2
|
2
|
2
|
3
|
1
|
2
|
United Kingdom S&DFor (1)Against (17) |
||||
Verts/ALE |
47
|
France Verts/ALEFor (6) |
4
|
Germany Verts/ALEFor (13) |
2
|
1
|
2
|
1
|
1
|
2
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
||||||||||
GUE/NGL |
43
|
France GUE/NGLFor (5) |
Germany GUE/NGLFor (7) |
1
|
3
|
Greece GUE/NGL |
1
|
1
|
2
|
4
|
1
|
3
|
1
|
||||||||||||||||
ENF |
31
|
13
|
1
|
4
|
Italy ENF |
2
|
1
|
3
|
2
|
||||||||||||||||||||
EFDD |
26
|
France EFDDFor (2)Against (3) |
Italy EFDDFor (11)Abstain (1) |
1
|
United Kingdom EFDDFor (2)Abstain (6) |
||||||||||||||||||||||||
NI |
13
|
2
|
1
|
2
|
Greece NIAgainst (2)Abstain (3) |
3
|
|||||||||||||||||||||||
ECR |
60
|
Germany ECRAgainst (5) |
2
|
1
|
Poland ECRFor (16) |
1
|
4
|
1
|
2
|
3
|
1
|
2
|
1
|
1
|
1
|
2
|
United Kingdom ECRAgainst (17) |
||||||||||||
ALDE |
54
|
France ALDEAgainst (6) |
Spain ALDEFor (1)Against (5) |
4
|
Netherlands ALDEAgainst (3) |
1
|
Belgium ALDEFor (1)Against (4) |
1
|
1
|
3
|
1
|
1
|
2
|
1
|
1
|
1
|
1
|
2
|
4
|
3
|
4
|
||||||||
PPE |
175
|
France PPEAgainst (18)
Alain CADEC,
Alain LAMASSOURE,
Angélique DELAHAYE,
Anne SANDER,
Arnaud DANJEAN,
Brice HORTEFEUX,
Elisabeth MORIN-CHARTIER,
Franck PROUST,
Françoise GROSSETÊTE,
Geoffroy DIDIER,
Jérôme LAVRILLEUX,
Marc JOULAUD,
Michel DANTIN,
Michèle ALLIOT-MARIE,
Nadine MORANO,
Philippe JUVIN,
Rachida DATI,
Tokia SAÏFI
|
Spain PPEAgainst (15)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Esther HERRANZ GARCÍA,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
Germany PPEFor (2)Against (28)
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Christian EHLER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Manfred WEBER,
Markus FERBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Sven SCHULZE,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
3
|
2
|
Poland PPEFor (3)Against (16)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Czesław Adam SIEKIERSKI,
Danuta Maria HÜBNER,
Dariusz ROSATI,
Elżbieta Katarzyna ŁUKACIJEWSKA,
Jan OLBRYCHT,
Janusz LEWANDOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
|
3
|
1
|
2
|
Sweden PPE |
3
|
3
|
Portugal PPEAgainst (7) |
1
|
5
|
5
|
Romania PPEAgainst (10) |
3
|
4
|
Slovakia PPEAgainst (6) |
5
|
3
|
Bulgaria PPEAgainst (5) |
Czechia PPEFor (1)Against (6) |
Hungary PPEAgainst (9) |
2
|
A8-0193/2019 - Daniel Dalton - Proposition de la Commission #
Amendments | Dossier |
1387 |
2018/0331(COD)
2019/01/28
IMCO
306 amendments...
Amendment 100 #
Proposal for a regulation 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 and disinformation purposes. The functioning of the digital single market should be improved by reinforcing cybersecurity and legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to the freedom of expression and information.
Amendment 101 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise, disinform and recruit and to facilitate and direct terrorist activity.
Amendment 102 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online.
Amendment 103 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services and inform the authorities of users posting terrorist content online.
Amendment 104 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services, whilst taking into account the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 105 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to tackle terrorist content disseminated through their services.
Amendment 106 #
Proposal for a regulation Recital 3 (3) The presence of illegal terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help t
Amendment 107 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central
Amendment 108 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be
Amendment 109 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online
Amendment 110 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by
Amendment 111 #
Proposal for a regulation Recital 5 (5) This Regulation should lay down specific obligations to hosting service providers exposed to a substantial amount of illegal terrorist content. The application of this Regulation should not affect the application of Article 14 and 15 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation
Amendment 112 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Articles 14 and 15 of Directive 2000/31/EC8 . In particular, as provided in these provisions, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption
Amendment 113 #
Proposal for a regulation Recital 6 (6) Rules to prevent the
Amendment 114 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information and the rights to privacy and personal data protection, which constitute
Amendment 115 #
Proposal for a regulation Recital 7 (7) This Regulation aims at contribut
Amendment 116 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, as well as the freedom of the press and pluralism of the media, which constitutes
Amendment 117 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded.
Amendment 118 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly
Amendment 119 #
Proposal for a regulation 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. Those fundamental rights include the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities. Any restrictions to the exercise of these fundamental rights within the framework of this Regulation should be prescribed by law and should be necessary in a democratic society, with the aim of fulfilling the aims of this Regulation.
Amendment 120 #
Proposal for a regulation Recital 7 b (new) (7 b) This Regulation should respect the fundamental rights and observe the principles recognised in the European Convention on Human Rights and in the case-law of the European Court of Human Rights. In particular, in its judgment of 24 November 2011 the European Court of Human Rights concluded that European Union law, and in particular Directive 2000/31/EC1a and the applicable fundamental rights, precluded an injunction imposed on an Internet service provider to introduce a system for filtering all electronic communications passing via its services, applied indiscriminately to all its customers, as a preventive measure, exclusively at its expense and for an unlimited period. _________________ 1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')
Amendment 121 #
Proposal for a regulation 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
Amendment 122 #
Proposal for a regulation 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 right for the hosting service providers and content providers to be informed about all available means of redress and the possibility for hosting service providers and content providers to effectively contest any proactive measures, including the removal orders before the court or a competent judicial authority of the Member State, wh
Amendment 123 #
Proposal for a regulation 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 invoked 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 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9
Amendment 125 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 126 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 127 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and the competent authorit
Amendment 128 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9. Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incite
Amendment 129 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 130 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9. Given the need to address
Amendment 131 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in
Amendment 132 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th
Amendment 133 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply, to the extent that it is possible to identify and remove specific content that is the subject of this Regulation, to information society services which store information provided by a recipient of the service at his or her request and in processing and making the information stored available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.
Amendment 134 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to th
Amendment 135 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored publicly available to third parties
Amendment 136 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non- discriminatory manner in respect of content that they store, in particular when implementing their own terms and conditions, with a view to avoiding removal of content which is not terrorist. The removal or disabling of access has to be undertaken in the observance of freedom of expression and information and freedom and pluralism of the media.
Amendment 137 #
Proposal for a regulation 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 where the services are established, 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, whilst at the same time guaranteeing legal certainty and predictability to users and service providers. Member States should coordinate and cooperate with the host Member State, where the service providers are established, when seeking to secure proactive measures for the removal of terrorist content from hosting service providers. 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
Amendment 138 #
Proposal for a regulation 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 order.
Amendment 139 #
Proposal for a regulation 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 sh
Amendment 140 #
Proposal for a regulation 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
Amendment 141 #
Proposal for a regulation 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
Amendment 142 #
Proposal for a regulation 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
Amendment 143 #
Proposal for a regulation 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
Amendment 144 #
Proposal for a regulation Recital 13 a (new) (13 a) The removal order should include a classification of the relevant content as terrorist content and contain sufficient information so as to locate the content, by providing a URL and any other additional information, such as a screenshot of the content in question. The competent authority should also provide a supplementary statement of reasons, as to why the content is considered terrorist content. The reasons provided need not contain sensitive information, which could jeopardise investigations. The statement of reasons should however allow the hosting service provider and, ultimately, the content provider to effectively exercise their right to judicial redress.
Amendment 145 #
Proposal for a regulation Recital 14 (14)
Amendment 146 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that
Amendment 147 #
Proposal for a regulation Recital 14 (14) The competent national authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12. _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 148 #
Proposal for a regulation Recital 15 (15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available in addition to removal orders. It is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken. The ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider, but only after final consultation with the competent authorities. In implementing this Regulation related to referrals, Europol’s mandate as laid down in Regulation (EU) 2016/79413 remains unaffected.
Amendment 149 #
Proposal for a regulation Recital 16 Amendment 150 #
Proposal for a regulation Recital 16 (16) Given the
Amendment 151 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling the reappearance of terrorist content which has previously been removed or to which access has been disabled because it is considered to be terrorist content
Amendment 152 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what justified, appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation applying in an indiscriminate or unlimited manner. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 153 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information
Amendment 154 #
Proposal for a regulation Recital 17 (17) When putting in place such additional proactive measures voluntarily, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights.
Amendment 155 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information, as well as the right to privacy and personal data protection - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers
Amendment 156 #
Proposal for a regulation Recital 18 (18)
Amendment 157 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are necessary, effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness, necessity and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union), as well as the safeguards put in place to protect freedom of expression and information and the number of incidents of restrictions on legal content.
Amendment 158 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. The competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement, taking into account, among other factors, the hosting service provider's financial and other resources. A decision to impose such specific proactive measures should not
Amendment 159 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks based on appropriate, sufficient and relevant evidence. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.
Amendment 160 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate as a last resort from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions as a last resort, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.
Amendment 161 #
Proposal for a regulation Recital 20 (20) The obligation on hosting service providers to preserve removed content and related data, should be laid down for specific purposes
Amendment 162 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content, as well as the number of restrictions on legal content. Competent Authorities should also publish annual transparency reports containing meaningful information on the number of legal orders issued, the number of removals, the number of identified and detected terrorist content removed and the number of restrictions on legal content.
Amendment 163 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification, notification to the competent authorities and removal of terrorist content.
Amendment 164 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content, as a consequence of measures taken pursuant to the hosting service provider's terms and conditions protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds. Furthermore, content providers, whose content has been removed following a removal order, should have a right to an effective remedy in accordance with Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 165 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. Content providers should also have the right to complain directly to the competent authority if they are unable to resolve their complaint with a hosting service provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds.
Amendment 166 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider, and this should include information on all effective remedy options, including judicial redress routes. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds.
Amendment 167 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision.
Amendment 168 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision.
Amendment 169 #
Proposal for a regulation Recital 29 (29) It is essential that the competent authority within the Member State responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority. For that purpose, Member States
Amendment 170 #
Proposal for a regulation 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.
Amendment 171 #
Proposal for a regulation 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.
Amendment 172 #
Proposal for a regulation 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
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation 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.
Amendment 175 #
Proposal for a regulation 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 order. 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 assessing the nature of the breach and deciding upon applying penalties, full respect should be given to fundamental rights, such as the freedom of expression. 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. When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States should ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 176 #
Proposal for a regulation Recital 38 (38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation, and should also take into account the situation of subsidiaries or linked undertakings where applicable. 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
Amendment 177 #
Proposal for a regulation Recital 38 (38)
Amendment 178 #
Proposal for a regulation 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.
Amendment 179 #
Proposal for a regulation 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
Amendment 180 #
Proposal for a regulation 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
Amendment 181 #
Proposal for a regulation Recital 39 (39) The use of standardised templates facilitates cooperation and the exchange of information between competent authorities and service providers, allowing them to communicate more quickly and effectively. It is particularly important to ensure swift action following the receipt of a removal order, depending on the size and means of the hosting service provider. Templates reduce translation costs and contribute to a high quality standard. Response forms similarly should allow for a standardised exchange of information, and this will be particularly important where service providers are unable to comply. Authenticated submission channels can guarantee the authenticity of the removal order, including the accuracy of the date and the time of sending and receipt of the order.
Amendment 182 #
Proposal for a regulation Recital 41 (41) Member States should collect information on the implementation of the legislation, including on policies, terms and conditions and transparency reports of hosting service providers. A detailed programme for monitoring the outputs, results and impacts of this Regulation should be established in order to inform an evaluation of the legislation.
Amendment 183 #
Proposal for a regulation Recital 42 (42) Based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise, the Commission should carry out an evaluation of this Regulation no sooner than three years after its entry into force. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU added value. It will assess the functioning of the different operational and technical measures foreseen under the Regulation, including the effectiveness of measures to enhance the detection, identification and removal of terrorist content, the effectiveness of safeguard mechanisms as well as the impacts on potentially affected
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to address and prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to prevent and address the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure, where necessary,
Amendment 187 #
Proposal for a regulation Article premier – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure, where necessary, its
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers in accordance with Union law providing suitable safeguards for freedom of expression and information and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies in order to coordinate actions combating online terrorist content.
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its
Amendment 192 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to hosting service providers offering services in the Union, irrespective of their place of main establishment, to the extent that it is possible for such providers to identify and remove specific content alleged to fall within the scope of Article 2(5).
Amendment 193 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Excluded from the scope of this Regulation are closed cloud and storage services, in particular business-to- business solutions, mere technical services such as file sharing and other cloud services, services that consist of selling goods online, and mere conduits and other electronic communication services within the meaning of Union law;
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Member States may establish conditions required by, and in accordance with, fundamental principles relating to the freedom of the press and the freedom and pluralism of the media.
Amendment 195 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. The application of this Regulation shall be subject to Union law regarding fundamental rights, freedoms and values as enshrined in particular in Articles 2 and 6 of the Treaty on the European Union.
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union.
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not have the effect of undermining the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union.
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation is without prejudice to Directive 2000/31/EC, in particular Articles 14 and 15 thereof.
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored publicly available to third parties;
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage or processing of information provided by and at the request of the content provider and in making
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) 'to offer services in the Union’ means: enabling legal or natural persons in one or more Member States to use the services of the hosting service provider which has a substantial connection to that Member State or Member States, such as the establishment of the hosting service provider in the Union; In the absence of such an establishment, the assessment of a substantial connection shall be based on specific factual criteria, such as:
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point a Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b (b) a significant number of users in one
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means offences as
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4)
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content'
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content'
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'illegal terrorist content'
Amendment 214 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) ' terrorist content'
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 219 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a)
Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a)
Amendment 221 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) inciting or advocating, including by glorifying, the commission of terrorist offences
Amendment 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 225 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 226 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b) encouraging
Amendment 227 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 228 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 229 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 230 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promot
Amendment 231 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 232 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 233 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 234 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services; Content disseminated for educational, scientific or documentary purposes, and for purposes for anti- radicalisation. and counter-narratives shall be adequately protected.
Amendment 235 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content publicly available to third parties on the hosting service providers’ services;
Amendment 236 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making illegal terrorist content available to th
Amendment 237 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 238 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9 a) ‘competent authority’ means at least one designated national judicial authority in a Member State.
Amendment 239 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9 a) ‘competent authority 'means a designated national authority in the Member State.
Amendment 240 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation,
Amendment 241 #
Proposal for a regulation 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 the fundamental importance of the freedom of expression and information in an open and democratic society. Those actions shall be in accordance with Article 15 of Directive 2000/31/EC.
Amendment 242 #
Proposal for a regulation 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 in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society. In particular those actions shall not amount to general monitoring.
Amendment 243 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation,
Amendment 244 #
Proposal for a regulation 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 245 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions that they will not store terrorist content, and apply, provisions to prevent the dissemination of terrorist content.
Amendment 246 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority of the Member State in which the main establishment of the hosting service provider or its designated representative is located shall have the power to issue a
Amendment 247 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority of a Member State shall have the power to issue a
Amendment 248 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a request to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located for a decision requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 249 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a decision requiring the hosting service provider to remove illegal terrorist content or permanently disable access to it.
Amendment 250 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent national authority shall have the power to issue a
Amendment 251 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a decision requiring the hosting service provider immediately to remove terrorist content or disable access to it.
Amendment 252 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 253 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 254 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider or content provider is located has reasonable grounds to believe that the removal order may affect fundamental rights of the individual it shall inform the requesting competent authority. The requesting competent authority shall take those circumstances into account and shall, where necessary, withdraw or adapt the removal request.
Amendment 255 #
Proposal for a regulation 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 256 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 257 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 258 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 259 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it within
Amendment 260 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 261 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it within
Amendment 262 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 263 #
Proposal for a regulation 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 264 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b)
Amendment 265 #
Proposal for a regulation Article 4 – paragraph 3 – point e (e) date and time
Amendment 266 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information and any applicable deadlines about redress available to the hosting service provider and to the content provider;
Amendment 267 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where
Amendment 268 #
Proposal for a regulation Article 4 – paragraph 3 – point g a (new) (g a) deadlines for appeal for the hosting service provider and for the content provider.
Amendment 269 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 270 #
Proposal for a regulation Article 4 – paragraph 4 4. Upon request by the hosting service provider or by the content provider, the competent authority shall, within a reasonable time, provide a detailed supplementary statement of reasons, explaining why the content is considered terrorist content, 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 271 #
Proposal for a regulation 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
Amendment 272 #
Proposal for a regulation 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 s
Amendment 273 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. The host service provider or content provider shall have the right to appeal the removal order by seeking redress in front of the relevant judicial authority in the member state in which the main establishment of the hosting service provider or content provider is located.
Amendment 274 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorities of the Member State in which the main establishment of the hosting service provider is located 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 275 #
Proposal for a regulation 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 s
Amendment 276 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider cannot comply with the removal order
Amendment 277 #
Proposal for a regulation 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 s
Amendment 278 #
Proposal for a regulation Article 4 – paragraph 9 9. The competent authority which issued the removal order
Amendment 279 #
Proposal for a regulation Article 4 a (new) Article 4 a Cross-border cooperation related to removal orders 1. Where a competent authority of a Member State other than the one in which the main establishment of the hosting service provider or its designated representative is located wishes to request a removal order, it shall make the request to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider or its designated representative is located. 2. The competent authority of the Member State in which the main establishment of the hosting service provider or its designated representative is located may issue the removal order requested in accordance with paragraph 1 to the hosting service provider in accordance with Article 4(5) provided that it meets all requirements set out in Article 4 under the hosting provider’s jurisdiction. 3. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located does not issue the removal order, for example because it does not comply with Article 4 or because the competent authority has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the requesting competent authority accordingly.
Amendment 280 #
Proposal for a regulation Article 5 – paragraph 1 1. The competent authority or the relevant Union body
Amendment 281 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 282 #
Proposal for a regulation Article 5 – paragraph 4 4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred, including screenshots if obtainable.
Amendment 283 #
Proposal for a regulation Article 5 – paragraph 4 4. The referral shall contain sufficiently detailed information, including
Amendment 284 #
Proposal for a regulation Article 5 – paragraph 4 4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered illegal terrorist content, a URL and, where necessary, additional information enabling the identification of the illegal terrorist content referred.
Amendment 285 #
Proposal for a regulation Article 5 – paragraph 5 5. The hosting service provider shall, as a matter of priority, assess the content identified in the referral against its own terms and conditions and decide whether to remove that content or to permanently disable access to it.
Amendment 286 #
Proposal for a regulation Article 5 – paragraph 6 6. The hosting service provider shall
Amendment 287 #
Proposal for a regulation 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
Amendment 290 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers
Amendment 291 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall, where justified and 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. Such measures shall be taken in accordance with Article 3(1) and in particular shall not include a system for monitoring or filtering all user content on an indiscriminate and unlimited basis.
Amendment 292 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers
Amendment 293 #
Proposal for a regulation 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 294 #
Proposal for a regulation 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 as well as the right to privacy and protection of personal data in an open and democratic society.
Amendment 295 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall
Amendment 296 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall,
Amendment 297 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1 a. The hosting service provider, on its own initiative or upon request from the competent authority of its Member State of establishment, should report on the specific voluntary measures in place in order to allow such authority to judge whether the measures are proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification.
Amendment 298 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 299 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c) shall request the hosting service provider to submit a report, within
Amendment 300 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c)
Amendment 301 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content, unless such content has been re-uploaded for educational, scientific or documentary purposes, and for anti-radicalisation and counter-narratives purposes;
Amendment 302 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the proactive measures are effective and proportionate, including to evaluate the
Amendment 303 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 304 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 305 #
Proposal for a regulation 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 provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation taking into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information, the right to privacy and the protection of personal data.
Amendment 306 #
Proposal for a regulation 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 do not respect the principles of necessity and proportionality or are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to re-evaluate the measures needed or to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the changes or specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 307 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 308 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 309 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 310 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The competent authority shall not impose a general monitoring obligation. The decision shall take into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 311 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall be based on appropriate, sufficient and relevant evidence and shall take into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article
Amendment 312 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a
Amendment 313 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 314 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2,
Amendment 315 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c)
Amendment 316 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order, a referral or as a result of proactive measures pursuant to Articles 4
Amendment 317 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved for a
Amendment 318 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for
Amendment 319 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six 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
Amendment 320 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content
Amendment 321 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their
Amendment 322 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of, and protection of users from, terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 323 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out clearly in their terms and conditions their policy
Amendment 324 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including
Amendment 325 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 326 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers, competent authorities and relevant Union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 327 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers and the authorities competent to issue removal orders shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 328 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers
Amendment 329 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers shall publish annual transparency reports
Amendment 330 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Transparency reports of hosting service providers shall include at least the following information:
Amendment 331 #
Proposal for a regulation Article 8 – paragraph 3 – point b Amendment 332 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of terrorist content removed or to which access has been disabled, following removal orders, or where relevant referrals
Amendment 333 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) overview and outcome of complaint procedures, including the number of cases in which it was established that content was wrongly identified as terrorist content.
Amendment 334 #
Proposal for a regulation Article 8 – paragraph 3 – point d a (new) (d a) Transparency reports of competent authorities and relevant Union bodies shall include information on the number of removal orders and referrals issues, and on their use of the terrorist content, which has been preserved pursuant to Article 7 for the prevention, detection, investigation and prosecution of terrorist offences.
Amendment 335 #
Proposal for a regulation Article 8 a (new) Article 8 a Judicial redress Member States shall ensure that safeguards relating to removal of, or disabling access to content shall also include the possibility of judicial redress.
Amendment 336 #
Proposal for a regulation Article 9 – title Safeguards regarding
Amendment 337 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers use any automated tools
Amendment 338 #
Proposal for a regulation 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 t
Amendment 339 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 340 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 341 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 342 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 343 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5
Amendment 344 #
Proposal for a regulation Article 10 – paragraph 2 2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified. They shall inform the complainant about the outcome of the examination within two weeks from the receipt of the complaint.
Amendment 345 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2 a. Content providers shall have the right to appeal to the competent authority in the event that they are unable to resolve their complaint regarding the removal of content or disabling of access directly with the hosting service provider.
Amendment 346 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2 a. Notwithstanding the provisions of paragraphs 1 and 2, the complaint mechanism of hosting service providers shall be complementary to the applicable laws and procedures of the Member States.
Amendment 347 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers removed illegal terrorist content or disable access to it, they shall make available to the content provider comprehensive information on the removal or disabling of access to illegal terrorist content including the reasons for the removal or disabling of access, including the legal basis establishing the unlawfulness of the content and possibilities to contest the decision including formal requirements, the description of the next steps of the procedure and related timeframes.
Amendment 348 #
Proposal for a regulation 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, including the legal basis for this action, and possibilities to contest the decision.
Amendment 349 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3 a. An appeal as referred to in Article 4 (9) shall be lodged with the court of the Member State where the hosting provider has its main establishment or where the legal representative designated by the hosting service provider pursuant to Article 16 resides or is established.
Amendment 350 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevant Union bodies such as Europol with regard to removal orders and referrals to avoid duplication, enhance coordination, prevent the dissemination of online terrorist content and avoid interference with investigations in different Member States.
Amendment 351 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and
Amendment 352 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3. Member States and hosting service providers may choose to make use of dedicated tools, including
Amendment 353 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 354 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 355 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of an
Amendment 356 #
Proposal for a regulation Article 13 – paragraph 4 4. Where a hosting service provider
Amendment 357 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of any evidence of terrorist offences, they shall promptly inform the authorities
Amendment 358 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them.
Amendment 359 #
Proposal for a regulation Article 15 Amendment 360 #
Proposal for a regulation 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
Amendment 361 #
Proposal for a regulation Article 15 – paragraph 2 2. Where a hosting service provider fails to designate a legal representative, all Member States shall have jurisdiction. Where a Member State decides to exercise jurisdiction, it shall inform all other Member States.
Amendment 362 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3 a. An appeal as referred to in Article 4(9) shall be lodged with the court of the Member State where the hosting provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
Amendment 363 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the judicial authority or authorities competent to
Amendment 364 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate
Amendment 365 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the authority
Amendment 366 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the authority
Amendment 367 #
Proposal for a regulation Article 17 – paragraph 1 – point c Amendment 368 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall lay down the rules on penalties applicable to breaches of the obligations by hosting service providers or their representatives under this Regulation and shall take all necessary measures to ensure that they are implemented. Such penalties shall
Amendment 369 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall lay down the rules on penalties applicable to repeated breaches of the obligations by hosting service providers under this Regulation and shall take all necessary measures to ensure that they are implemented. Such penalties shall be limited to infringement of the obligations pursuant to:
Amendment 370 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall
Amendment 371 #
Proposal for a regulation Article 18 – paragraph 1 – point a Amendment 372 #
Proposal for a regulation Article 18 – paragraph 1 – point b Amendment 373 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 374 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 375 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 376 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 377 #
Proposal for a regulation Article 18 – paragraph 1 – point d (d) Article 6(2) and (4) (reports on proactive
Amendment 378 #
Proposal for a regulation Article 18 – paragraph 1 – point e Amendment 379 #
Proposal for a regulation Article 18 – paragraph 1 – point f Amendment 380 #
Proposal for a regulation Article 18 – paragraph 1 – point g Amendment 381 #
Proposal for a regulation Article 18 – paragraph 1 – point h Amendment 382 #
Proposal for a regulation Article 18 – paragraph 1 – point i Amendment 383 #
Proposal for a regulation Article 18 – paragraph 1 – point j Amendment 384 #
Proposal for a regulation Article 18 – paragraph 1 – point k Amendment 385 #
Proposal for a regulation Article 18 – paragraph 1 – point l Amendment 386 #
Proposal for a regulation Article 18 – paragraph 2 2. The penalties provided for shall be effective
Amendment 387 #
Proposal for a regulation Article 18 – paragraph 3 – point c (c) previous breaches by the
Amendment 388 #
Proposal for a regulation Article 18 – paragraph 3 – point d (d) the financial strength of the
Amendment 389 #
Proposal for a regulation Article 18 – paragraph 3 – point e (e) the level of cooperation of the hosting service provider or their representatives with the competent authorities.
Amendment 390 #
Proposal for a regulation 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 at least 2% and up to 4% of the hosting service provider's global turnover of the last business year.
Amendment 391 #
Proposal for a regulation Article 18 – paragraph 4 a (new) 4 a. Competent authorities shall consider unintentional delays, in particular by small and medium sized businesses and start ups, to be mitigating factors when determining the types and level of penalties.
Amendment 392 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Member States shall collect from their competent authorities and the hosting service providers under their jurisdiction and send to the Commission every year by [31 March] information about the actions they have taken in accordance with this Regulation. That information shall include policies, terms and conditions and transparency reports of hosting service providers in addition to:
Amendment 393 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information about the specific
Amendment 394 #
Proposal for a regulation 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. The report shall also cover the impact of this Regulation on freedom of expression and 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.
Amendment 395 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 396 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [
Amendment 397 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [
Amendment 398 #
Proposal for a regulation 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
Amendment 399 #
Proposal for a regulation Annex I – paragraph 1 Under Article 4 of Regulation (EU)…
Amendment 400 #
Proposal for a regulation Annex I – paragraph 2 In accordance with Article 7 of Regulation (EU) ….17 , addressees must preserve content and related data, which has been removed or access to it disabled, for six months or longer upon request from the competent authorities or courts or the content provider in order to remedy complaints following the mechanism described in article 10. _________________ 17 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 B
Amendment 402 #
Proposal for a regulation Annex I – section B – title B Content to be removed or access to it disabled
Amendment 403 #
Proposal for a regulation Annex I – section G – paragraph 1 Information about competent
Amendment 98 #
Proposal for a regulation 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 the freedom of expression and information as well as fundamental rights, the rights to privacy and protection of personal data.
Amendment 99 #
Proposal for a regulation 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 the freedom of expression and information, and rights to privacy and protection of personal data, as well as freedom of the press and pluralsim of the media.
source: 634.500
2019/02/08
CULT
363 amendments...
Amendment 100 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to
Amendment 101 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non- discriminatory manner in respect of content that they store, in particular when implementing their own terms and conditions, with a view to avoiding removal of content which is not terrorist.
Amendment 102 #
Proposal for a regulation 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
Amendment 103 #
Proposal for a regulation 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 order. Given the disproportional high level of harm that a terrorist content can cause to the public or to the public order of a Member State, because of its high level of violence or its link to an on- going or very recent terrorist offence committed in the Member State concerned, Member States should be allowed in these cases to imposes obligations on hosting service providers to ensure that the terrorist content identified in the duly justified removal order is removed or access to it is disabled immediately 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 104 #
Proposal for a regulation 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 of the Member State where the services are established or have legal representative, 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. Member States, where the services are established or have legal representative, should guarantee legal certainty and predictability to users and service providers, when seeking to secure measures for the removal of terrorist content from hosting service providers. 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
Amendment 105 #
Proposal for a regulation Recital 13 (13)
Amendment 106 #
Proposal for a regulation 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 and the relevant legal remedies 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, corresponding to a dissemination rate of 30% within one hour, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or, if it cannot be removed immediately, 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, but wherever possible, removal must be the preferred option.
Amendment 107 #
Proposal for a regulation 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, by making provision for appropriate procedures to ensure that every decision complies with the definition of terrorist content, for instance by providing for independent supervision. 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 108 #
Proposal for a regulation 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 a
Amendment 109 #
Proposal for a regulation 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 order. In case of delays the nature and size of the hosting service providers should be taken into account, particularly in the case of microenterprises or small-sized enterprises. 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 110 #
Proposal for a regulation 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
Amendment 111 #
Proposal for a regulation Recital 14 (14)
Amendment 112 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider easily and definitely to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 113 #
Proposal for a regulation Recital 14 (14) The competent judicial authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 114 #
Proposal for a regulation Recital 15 Amendment 115 #
Proposal for a regulation Recital 15 (15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available in addition to removal orders. It is important that hosting service providers take into account and assess such referrals as a matter of priority and provide swift feedback about action taken. The ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider. In implementing this Regulation related to referrals, Europol’s mandate as laid down in Regulation (EU) 2016/79413 remains unaffected. _________________ 13Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 116 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation pursuant to Article 15 of Directive 2000/31/EC and Article 28(b), paragraph 1(c) of Directive (EU) 2018/1808, which requires video- sharing platform providers to take appropriate measures to protect the general public from programmes containing content the dissemination of which constitutes an activity which is a criminal offence under Union law. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 117 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should
Amendment 118 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing illegal terrorist content, proportionate
Amendment 119 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take targeted proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation in accordance with Article 15 or Directive 2000/31/EC and be without prejudice to Chapter IX bis of Directive (EU) 2018/1808 which allows video-sharing platforms to take measures to protect the general public from content whose dissemination constitutes a penal infraction under Union law. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 120 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures
Amendment 121 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate, effective and proportionate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation and is without prejudice to Article 15 of Directive 2000/31/EC. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 122 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate
Amendment 123 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should
Amendment 124 #
Proposal for a regulation Recital 17 (17) When putting in place
Amendment 125 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights. Hosting service providers should put in place effective and expeditious complaints and redress mechanisms to address cases of unjustified removals of content.
Amendment 126 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights. Hosting service providers should put in place effective and expeditious complaints and redress mechanisms to address cases of unjustified removals of content.
Amendment 127 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect illigal terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights.
Amendment 128 #
Proposal for a regulation Recital 18 (18)
Amendment 129 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken, as well as on the functioning of the complaints and redress mechanisms. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, for instance where it uses in part or whole terrorist content that is already subjected to a definitive removal order or where it is uploaded by users who already uploaded terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 130 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, for instance where it uses in part or whole terrorist content that is already subjected to a definitive removal order or where it is uploaded by users who already uploaded terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 131 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the
Amendment 132 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken, as well as on the functioning of the complaints and redress mechanisms. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 133 #
Proposal for a regulation Recital 19 (19)
Amendment 134 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives regarding public security while taking into account the gravity of the terrorist threat and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business
Amendment 135 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are
Amendment 136 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. A decision to impose such specific proactive measures should not
Amendment 137 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. A decision to impose such specific proactive measures should not
Amendment 138 #
Proposal for a regulation Recital 21 (21) The obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure. The obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity.
Amendment 139 #
Proposal for a regulation Recital 21 (21) The obligation to preserve for a limited period the content for proceedings of administrative or judicial review, in particular procedures to obtain legal redress, is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure. The obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity. Where companies remove material or disable access to it, in particular through their own proactive measures, and do not inform the relevant authority because they assess that it does not fall in the scope of Article 13(4) of this Regulation, law enforcement may be unaware of the existence of the content. Companies must therefore do everything necessary to inform the competent authorities of the Member States of all terrorist content that has been identified, blocked and removed, even if that content does not strictly fall within the scope of that article. Therefore, the preservation of content for purposes of prevention, detection, investigation and prosecution of terrorist offences is also justified. For these purposes, the required preservation of data is limited to data
Amendment 140 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six 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, and to allow scope for seeking legal redress. However, this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the six 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 141 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to
Amendment 142 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of illegal terrorist content.
Amendment 143 #
Proposal for a regulation Recital 24 a (new) (24 a) Transparency of relevant Union bodies and competent authorities' actions in relation to the number or removal orders and referrals issued, as well as to the preservation of terrorist content and related data is essential to enhance their accountability towards their citizens and to reinforce their trust in the Digital Single Market. Competent authorities should publish annual transparency reports containing meaningful information about actions taken in relation to their use of the terrorist content and related data preserved for the prevention, detection, investigation and prosecution of terrorist offences.
Amendment 144 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information.
Amendment 145 #
Proposal for a regulation Recital 25 (25) Complaint and redress procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds. Procedures for obtaining legal redress are open to hosting service providers in accordance with the applicable national law.
Amendment 146 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information.
Amendment 147 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision. However, this does not necessarily require a notification to the content provider. Depending on the circumstances, hosting service providers may replace content which is considered terrorist content, with a message that it has been removed or disabled in accordance with this Regulation. Further information about the reasons as well as possibilities for the content provider to contest the decision and seek legal redress should be given upon request, subject to any statutory confidentiality requirement or any restriction necessary in the context of anti-terrorism measures. Where competent authorities decide that for reasons of public security including in the context of an investigation, it is considered inappropriate or counter-productive to directly notify the content provider of the removal or disabling of content, they should inform the hosting service provider.
Amendment 148 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision.
Amendment 149 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and, where
Amendment 150 #
Proposal for a regulation Recital 28 (28) In order to ensure the effective and sufficiently coherent
Amendment 151 #
Proposal for a regulation Recital 28 (28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent judicial authorities in Member States should liaise with each other with regard to the discussions they have with hosting service providers a
Amendment 152 #
Proposal for a regulation Recital 28 (28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent authorities in Member States
Amendment 153 #
Proposal for a regulation Recital 31 (31) Given the particular serious consequences of certain terrorist content, hosting service providers should promptly inform the authorities in the Member State concerned
Amendment 154 #
Proposal for a regulation Recital 31 (31) Given the particular serious consequences of certain terrorist content, hosting service providers should promptly inform the authorities in the Member State concerned or the competent authorities where they are established or have a legal representative, about the existence of an
Amendment 155 #
Proposal for a regulation 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.
Amendment 156 #
Proposal for a regulation 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
Amendment 157 #
Proposal for a regulation 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 its main centre of interest 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 158 #
Proposal for a regulation 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 authorit
Amendment 159 #
Proposal for a regulation 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 authorit
Amendment 160 #
Proposal for a regulation Recital 37 (37)
Amendment 161 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate competent authorities, including judicial, with the relevant expertise. The requirement to designate competent authorities 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. Member States should notify to the European Commission the competent authorities they designated for the purpose of this Regulation.
Amendment 162 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate competent authorities, including judicial, with the relevant expertise. The requirement to designate competent authorities 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. Member States should notify to the European Commission the competent authorities they designated for the purpose of this Regulation.
Amendment 163 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, each Member State
Amendment 164 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate competent authorities. The requirement to designate competent authorities 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 and to allocate tasks among those authorities.
Amendment 165 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, each Member State
Amendment 166 #
Proposal for a regulation 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 order. Penalties may also be imposed if the service provider has repeatedly and categorically refused to inform the competent authority designated by the Member State concerned of the proactive measures it has taken to combat terrorist content. 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
Amendment 167 #
Proposal for a regulation 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 such penalties,
Amendment 168 #
Proposal for a regulation Recital 38 (38) Penalties
Amendment 169 #
Proposal for a regulation 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 order. 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 and that the penalties should not be criminal in nature. 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 170 #
Proposal for a regulation Recital 39 (39) The use of standardised templates may facilitate
Amendment 171 #
Proposal for a regulation Recital 40 (40) In order to allow for a swift amendment, where necessary, of the content of the templates to be used for the purposes of this Regulation the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for a limited period to amend Annexes I, II and III of this Regulation
Amendment 172 #
Proposal for a regulation Recital 41 (41) Member States should collect information on the implementation of the legislation
Amendment 173 #
Proposal for a regulation Recital 42 (42) Based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise, the Commission should carry out an initial evaluation of this Regulation
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination to the general public of terrorist content online. It lays down in particular:
Amendment 175 #
Proposal for a regulation Article premier – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to prevent and penalise the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to prevent and counter the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to
Amendment 178 #
Proposal for a regulation Article premier – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure, where necessary,
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure, where necessary,
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to
Amendment 182 #
Proposal for a regulation Article premier – paragraph 1 – point b (b) a set of measures to be put in place by Member States to
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies, while complying with Union legislation specifying clear safeguards with regard to freedom of expression and information.
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the relevant competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the relevant competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify illegal terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 (new) The application of this Regulation, and in particular any measures or decisions taken by the hosting service provider in compliance with this Regulation, shall not affect the application of Articles 14 and 15 of Directive 2003/31/EC. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met.
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to hosting service providers, as defined in this Regulation, offering services in the Union, irrespective of their place of main establishment.
Amendment 190 #
Proposal for a regulation 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 191 #
Proposal for a regulation Article 1 a (new) Article 1 a This Regulation must be applied in full respect fundamental rights enshrined in Article 6 of the Treaty of the European Union.
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the online content provider and in making the information stored available to th
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services to consumers which consist
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored publicly available to third parties;
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) 'content provider' means a user
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) 'content provider' means a user who has provided
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) 'to offer services in the Union’ means: enabling legal or natural persons in one or more Member States to use the services of the hosting service provider which has a
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b (b)
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'illegal terrorist content' means one or more of the following information:
Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) inciting or advocating the commission of terrorist offences, including by glorifying
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) inciting
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) inciting
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) incit
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b)
Amendment 214 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b) encouraging the contribution to terrorist offences or justifying participation in jihad and Islamist terrorism;
Amendment 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b) inciting and encouraging the contribution to terrorist offences;
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b) encourag
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 219 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the activities of a terrorist group, in particular by encouraging the participation in, meeting with, communicate with or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541, or by encouraging the dissemination of terrorist content;
Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the activities of a terrorist group, in particular by encouraging the participation in, meeting with, communicate with or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541, or by encouraging the dissemination of terrorist content;
Amendment 221 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the activities of a terrorist group, especially jihad, in particular by encouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the activities of a terrorist group, in particular by inciting and encouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promot
Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 225 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 226 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (d) instructing on methods or techniques for the purpose of committing terrorist offences
Amendment 227 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (
Amendment 228 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (d) instruct
Amendment 229 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d a (new) (d a) the expression of radical, polemic or controversial views in the public debate on sensitive political questions shall however not be considered terrorist content.
Amendment 230 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) (5a) Content which aims to provide information on terrorism or denounce terrorist acts shall not be considered as terrorist content, even if it might contain images or describe events linked to terrorist crimes for the purpose of informing the public or for the authors to express themselves openly and especially in political terms;
Amendment 231 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) (5 a) Content disseminated for educational, journalistic or research purposes shall not be considered to be terrorist content and shall be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions shall not be considered terrorist content;
Amendment 232 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content publicly available to third parties on the hosting service providers’ services;
Amendment 233 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means
Amendment 234 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content publicly available to third parties on the hosting service providers’ services;
Amendment 235 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content publicly available to third parties on the hosting service providers’ services;
Amendment 236 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 237 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) 'referral' means a notice by a competent authority appointed by a Member State or, where applicable, a relevant Union body to a hosting service provider about information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility with its own terms and conditions aimed to prevent dissemination of terrorism content;
Amendment 238 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) 'referral' means a notice by a competent authority or, where applicable, a relevant Union body to a hosting service provider about
Amendment 239 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘main establishment’ means the head office or registered office, defined as the centre of main interest, in other words within which the principal financial functions and operational control are exercised.
Amendment 240 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9 a) 'Competent Authorities' means national and European judicial authorities empowered to issue notices for the removal of terrorist content and to deal with objections arising out of legal remedies within a reasonable period of time.
Amendment 241 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9 a) ‘competent authority’ means a body, including judicial, with the relevant expertise designated or created by the Member State for the purpose of this Regulation.
Amendment 242 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9 a) ‘competent authority’ means a body, including judicial, with the relevant expertise designated or created by the Member State for the purpose of this Regulation.
Amendment 243 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers shall take appropriate, effective, 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 swift, diligent, proportionate and non-
Amendment 244 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers that have been subjected to a substantial number of uncontested removal order shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the dissemination of illegal terrorist content and to protect users from illegal terrorist content. In doing so, they shall act in a diligent, proportionate and non-
Amendment 245 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the public 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,
Amendment 246 #
Proposal for a regulation 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,
Amendment 247 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 248 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions, and apply, effective and proportionate provisions to prevent the storing and dissemination of terrorist content on their services.
Amendment 249 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions, and apply, provisions to prevent the storing and dissemination of terrorist content on their services.
Amendment 250 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions, and apply
Amendment 251 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a request for removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located for a decision requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 252 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 253 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 254 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider or content provider is located has reasonable grounds to believe that the removal order may affect fundamental rights of the individual it shall inform the requesting competent authority. The requesting competent authority shall take those circumstances into account and shall, where necessary, withdraw or adapt the removal request.
Amendment 255 #
Proposal for a regulation 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 order. Member States may provide that where a terrorist content is manifestly harmful or constitutes an immediate threat to the public order, hosting service providers shall remove or disable access to the terrorist content content from the moment of receipt of a duly justified removal order.
Amendment 256 #
Proposal for a regulation 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 order. Member States may provide that where a terrorist content is manifestly harmful or constitutes an immediate threat to the public order, hosting service providers shall remove or disable access to the terrorist content from the moment of receipt of a duly justified removal order.
Amendment 257 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 258 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove illegal terrorist content or disable access to it
Amendment 259 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 260 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 261 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 262 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) identification of the competent authority issuing the removal order and any means enabling authentication of the removal order by the competent authority;
Amendment 263 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b)
Amendment 264 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a detailed statement of reasons explaining why the content is considered illegal terrorist content, at least, by specific reference to the categories of illegal terrorist content listed in Article 2(5);
Amendment 265 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a comprehensive 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 266 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a statement of reasons explaining why the content is considered terrorist content, at least
Amendment 267 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a detailed statement of reasons explaining why the content is considered terrorist content,
Amendment 268 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) an exact online Uniform Resource Locator (URL), an
Amendment 269 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about the information or legal redress available to the hosting service provider and to the content provider;
Amendment 270 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information and any applicable deadlines about redress available to the hosting service provider and to the content provider;
Amendment 271 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about redress and the deadline for redress available to the hosting service provider and to the content provider;
Amendment 272 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about redress and associated deadlines available to the hosting service provider and to the content provider;
Amendment 273 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about redress and associated deadlines available to the hosting service provider and to the content provider;
Amendment 274 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where
Amendment 275 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 276 #
Proposal for a regulation Article 4 – paragraph 4 4. Upon request by the hosting service provider or by the content provider and subject to any legal confidentiality obligation in the context of the fight against terrorism, the competent authority shall provide a
Amendment 277 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. The hosting service provider or content provider shall have the right to appeal the removal order by seeking redress in front of the relevant judicial authority in the member state in which the main establishment of the hosting service provider or content provider is located.
Amendment 278 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorities 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. To this end, the point of contact shall, where possible, provide information on such orders having been received and read, as well as an emergency contact number.
Amendment 279 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorities 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. Such orders shall be made in one of the languages specified in accordance with Article 14(2).
Amendment 280 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorities of the Member State in which the main establishment of the hosting service provider is located 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 281 #
Proposal for a regulation Article 4 – paragraph 6 6. Hosting service providers shall acknowledge
Amendment 282 #
Proposal for a regulation Article 4 – paragraph 7 7. If the hosting service provider cannot comply with the removal order because of force majeure, o
Amendment 283 #
Proposal for a regulation Article 4 – paragraph 7 7. If the hosting service provider cannot comply with the removal order because of force majeure
Amendment 284 #
Proposal for a regulation Article 4 – paragraph 7 a (new) 7 a. If the hosting service provider is a SME and cannot comply with the removal order because of logistical impossibility due to its size and capacities, 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 2 shall apply as soon as the reasons invoked are no longer present.
Amendment 285 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider
Amendment 286 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider cannot comply with the removal order, for instance 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
Amendment 287 #
Proposal for a regulation 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
Amendment 288 #
Proposal for a regulation 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 technical 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 2 shall apply as soon as the clarification is provided.
Amendment 289 #
Proposal for a regulation 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 technical 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 2 shall apply as soon as the clarification is provided.
Amendment 290 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 291 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 292 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 293 #
Proposal for a regulation Article 4 – paragraph 9 9. The competent authority which issued the removal order
Amendment 294 #
Proposal for a regulation Article 4 a (new) Article 4 a Cross-border cooperation related to removal orders 1. Where a competent authority of a Member State other than the one in which the main establishment of the hosting service provider or its designated representative is located wishes to request a removal order, it shall make the request to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider or its designated representative is located. 2. The competent authority of the Member State in which the main establishment of the hosting service provider or its designated representative is located may issue the removal order requested in accordance with paragraph 1 to the hosting service provider in accordance with Article 4(5) provided that it meets all requirements set out in Article 4 under the hosting provider’s jurisdiction. 3. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located does not issue the removal order, for example because it does not comply with Article 4 or because the competent authority has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the requesting competent authority accordingly.
Amendment 295 #
Proposal for a regulation Article 4 a (new) Article 4 a 1. The issuing authority shall submit a copy of the removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located at the same time it is transmitted to the hosting service provider in accordance with Article 4(5). 2. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located has reasonable grounds to believe that the removal order may impact fundamental interests and fundamental rights, it shall inform the issuing competent authority. 3. The competent authority shall take these circumstances into account and shall where necessary, withdraw or adapt the removal order.
Amendment 296 #
Amendment 297 #
Proposal for a regulation Article 5 – paragraph 2 2. Hosting service providers shall put in place operational
Amendment 298 #
Proposal for a regulation Article 5 – paragraph 4 4. The referral shall contain sufficiently detailed information, including a comprehensive list of the reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred.
Amendment 299 #
Proposal for a regulation Article 5 – paragraph 4 4. The referral shall contain sufficiently detailed information, including
Amendment 300 #
Proposal for a regulation Article 5 – paragraph 5 5. The hosting service provider shall, as a matter of priority, assess the content identified in the referral against its own terms and conditions and decide whether to remove that content or to disable access to it on the basis of objective criteria and with particular regard to the risk posed by the content.
Amendment 301 #
Proposal for a regulation Article 5 – paragraph 6 6. The hosting service provider shall
Amendment 302 #
Proposal for a regulation 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
Amendment 304 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content, without prejudice to Directive 2000/31/EC and Directive 2018/1808/EU. 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
Amendment 305 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the
Amendment 306 #
Proposal for a regulation 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, targeted and proportionate, taking into account the risk and level of exposure to terrorist content, and strike a balance with the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 307 #
Proposal for a regulation 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, targeted and proportionate, taking into account the risk and level of exposure to terrorist content, and strike a balance with the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 308 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) effectively preventing the re-upload of content which has previously been removed or to which access has been disabled because it is
Amendment 309 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) effectively preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content;
Amendment 310 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point b (b) detecting, identifying and expeditiously removing or disabling access to terrorist content comprising, in part or whole, a terrorist content that was subject to a definitive removal order.
Amendment 311 #
Proposal for a regulation 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 or inadequate in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures, insofar as such measures are proportionate to the service provider's exposure to terrorist risk. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation. Similarly, the competent authority may alert the hosting service provider if the measures taken manifestly constitute an excessive infringement of fundamental rights and freedom of expression or fundamental rights in relation to the aim pursued and the degree of exposure to terrorist content, in particular with regard to the means of automatic content detection.
Amendment 312 #
Proposal for a regulation 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 disproportionate or are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to adapt the measures already taken or to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the changes or specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 313 #
Proposal for a regulation 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 disproportionate or are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to adapt the measures already taken or to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the changes or specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation
Amendment 314 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the economic capacity of the hosting service provider, in particular if it is an SME, and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information, as well as the degree of exposure to terrorist content and the nature of such content. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 315 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the type of content hosted on the service, the technical feasibility of the measures, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 316 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the type of content hosted on the service, the technical feasibility of the measures, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 317 #
Proposal for a regulation Article 6 – paragraph 5 a (new) 5 a. Article 6 and Article 9 shall not apply to providers of cloud infrastructure services which consist in the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no rights as to what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no specific control of the content stored by their customers or the end-users of their customers.
Amendment 318 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) proceedings of administrative or judicial review or, where appropriate, any judicial redress,
Amendment 319 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the prevention, detection, investigation and prosecution of terrorist offences, and in general the fight against terrorism.
Amendment 320 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) the treatment of complaints issued in accordance with Article 10.
Amendment 321 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) the treatment of complaints issued in accordance with Article 10.
Amendment 322 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1
Amendment 323 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved only 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 324 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for
Amendment 325 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved for a
Amendment 326 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures, in
Amendment 327 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to collaborate with the competent judicial or independent administrative authorities and to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 328 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall clearly set out in their terms and conditions their policy to prevent the dissemination of illegal terrorist content, including,
Amendment 329 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers, and competent authorities and relevant Union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 330 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers and competent authorities and Union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 331 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers and competent authorities shall publish annual transparency reports on action taken against the dissemination of illegal terrorist content.
Amendment 332 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content to the general public.
Amendment 333 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Transparency reports of the hosting service providers shall include at least the following information:
Amendment 334 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Transparency reports of hosting service providers shall include at least the following information:
Amendment 335 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) information about the hosting service provider’s measures in relation to the detection, identification and removal
Amendment 336 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) information about the hosting service provider’s measures in relation to the detection, identification and removal of illegal terrorist content;
Amendment 337 #
Proposal for a regulation Article 8 – paragraph 3 – point b Amendment 338 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) information about the hosting service provider’s measures to prevent the re-upload of content which has previously been removed or, where removal was not possible or appropriate, to which access has been disabled because it is considered to be terrorist content;
Amendment 339 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) detailed information about the hosting service provider’s measures to prevent the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content;
Amendment 340 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of terrorist content removed or, where removal was not possible or appropriate, to which access has been disabled, following removal orders, referrals, or proactive measures, respectively;
Amendment 341 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of illegal terrorist content removed or to which access has been disabled, following removal orders, referrals, or proactive measures, respectively;
Amendment 342 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of illegal terrorist content removed or to which access has been disabled, following removal orders
Amendment 343 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) overview and
Amendment 344 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) overview and
Amendment 345 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 (new) Transparency reports of competent authorities and relevant Union bodies shall include information on the number of removal orders and referrals issues, and on their use of the terrorist content which has been preserved pursuant to Article 7 for the prevention, detection, investigation and prosecution of terrorist offences.
Amendment 346 #
Proposal for a regulation Article 9 – title Safeguards regarding the use and implementation of
Amendment 347 #
Proposal for a regulation 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 to ensure that decisions taken concerning that content, in particular decisions to remove or, where removal is not possible or appropriate, disable content considered to be terrorist content, are accurate and well-founded.
Amendment 348 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers use automated tools pursuant to this Regulation in respect of content that they
Amendment 349 #
Proposal for a regulation 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 to ensure that decisions taken concerning that content, in particular decisions to remove or disable access to content considered to be terrorist content, are accurate and well-founded.
Amendment 350 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers use
Amendment 351 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 352 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 353 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 354 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications where appropriate and, in any event, where a detailed assessment
Amendment 357 #
Proposal for a regulation Article 10 – paragraph 1 1. Without prejudice to the remedies, including judicial, available to content providers under national law, Hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a substantiated complaint against the action of the hosting service provider requesting reinstatement of the content
Amendment 358 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and accessible
Amendment 359 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 360 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and easily accessible mechanisms capable of providing a response within reasonable time limits allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a complaint against the action of the hosting service provider requesting reinstatement of the content.
Amendment 361 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish expeditious, effective and accessible complaints and redress mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a substantiated complaint against the action of the hosting service provider requesting reinstatement of the content.
Amendment 362 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish expeditious, effective and accessible complaints and redress mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a complaint against the action of the hosting service provider requesting reinstatement of the content.
Amendment 363 #
Proposal for a regulation Article 10 – paragraph 2 2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified.
Amendment 364 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. The complaint mechanism referred to above shall be without prejudice to any judicial redress available to the applicant under the applicable national law.
Amendment 365 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers removed terrorist content or, where removal is not possible or appropriate, disable access to it, they shall make available to the content provider information on the removal or disabling of access to terrorist content.
Amendment 366 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers removed illegal terrorist content or disable access to it, they shall make available to the content provider information on the removal or disabling of access to illegal terrorist content.
Amendment 367 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers removed terrorist content or disable access to it, they shall make available to the content provider information on the removal or disabling of access to terrorist content within 24 hours.
Amendment 368 #
Proposal for a regulation Article 11 – paragraph 2 2. Upon request of the content provider, and subject to any statutory confidentiality requirement, 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.
Amendment 369 #
Proposal for a regulation Article 11 – paragraph 2 2.
Amendment 370 #
Proposal for a regulation Article 11 – paragraph 2 2.
Amendment 371 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this Regulation.
Amendment 372 #
Proposal for a regulation Article 12 a (new) Article 12 a In cases where content has been removed or access to it disabled as a result of a removal order to Article 4, a referral pursuant to Article 5 or proactive measures pursuant to Article 6, the content provider concerned can initiate judicial proceedings at any time requesting re-instatement of the content. Initiation of judicial proceedings is not conditional on the initiation of complaint mechanisms referred to in Article 10.
Amendment 373 #
Proposal for a regulation Article 13 – paragraph 1 1.
Amendment 374 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevant Union bodies such as Europol with regard to removal orders
Amendment 375 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 376 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 377 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of any evidence of terrorist offences or any suspicions of a possible link with terrorist offences, they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned Member State or the point of contact in the Member State pursuant to Article 14(2), where they have their main establishment or a legal representative. Hosting service providers may, in case of
Amendment 378 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of an
Amendment 379 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of any evidence of terrorist offences, they shall promptly inform the authorit
Amendment 380 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to Articles 4 and 5. They shall ensure that this information is made publicly available. As far as possible, in particular with regard to their financial capacities, service providers shall provide an emergency number or a contact available for as many hours of the day as possible.
Amendment 381 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers shall establish a point of contact allowing for the receipt of removal orders
Amendment 382 #
Proposal for a regulation Article 14 – paragraph 2 2. The information referred to in paragraph 1 shall specify the official language or languages (s) of the Union, as referred to in Regulation 1/58, in which the contact point can be addressed and in which further exchanges in relation to removal orders and referrals pursuant to Articles 4 and 5 shall take place. This shall include at least one of the official languages of the Member State in which the hosting service provider has its main establishment or where its legal representative pursuant to Article 16 resides or is established and, where possible, one of the main languages of communication of the institutions of the European Union, namely English, German or French.
Amendment 383 #
Proposal for a regulation Article 14 – paragraph 2 2. The information referred to in paragraph 1 shall specify the official language or languages (s) of the Union, as referred to in Regulation 1/58, in which the contact point can be addressed and in which further exchanges in relation to removal orders and referrals pursuant to Articles 4
Amendment 384 #
Proposal for a regulation 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 385 #
Proposal for a regulation Article 16 – paragraph 4 4. The hosting service provider shall notify the competent authority referred to in Article 17(1)(d) in the Member State where the legal representative resides or is established about the designation. Information about the legal representative shall be publicly available and regularly updated. Under the same conditions, the hosting service provider shall inform the competent authority of any change of legal representative as soon as possible. For its part, the hosting provider shall regularly update the contact point information and inform the competent authority designated by the competent Member State of any changes as soon as possible.
Amendment 386 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the independent authority or authorities competent to
Amendment 387 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate
Amendment 388 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate
Amendment 389 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 390 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) oversee the definition and implementation of proactive measures pursuant to Article 6;
Amendment 391 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) oversee the
Amendment 392 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) oversee the implementation of proactive measures
Amendment 393 #
Proposal for a regulation Article 17 – paragraph 1 – subparagraph 1 (new) Member States shall ensure that 'competent authority' means a local, national or international judicial body with the power to issue, enforce and amend binding legal orders in their relevant jurisdictions.
Amendment 394 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1 a. Member States shall ensure that ‘competent authority’ means a national or European body with the power to issue, enforce and amend binding legal orders in their relevant jurisdictions.
Amendment 395 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. Member States shall determine the allocation of the tasks referred to above between the competent authorities designated by them.
Amendment 396 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 397 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 398 #
Proposal for a regulation Article 18 – paragraph 1 – point d (d) Article 6(2) and (4) (reports on proactive measures and the adoption of
Amendment 399 #
Proposal for a regulation Article 18 – paragraph 1 – point g (g) Article 9 (safeguards
Amendment 400 #
Proposal for a regulation Article 18 – paragraph 3 – introductory part 3. Member States shall ensure that, when determining the type and level of penalties, and those penalties should not be seen as criminal, the competent authorities take into account all relevant circumstances, including:
Amendment 401 #
Proposal for a regulation Article 18 – paragraph 3 – introductory part 3. Member States shall ensure that, when determining the type and level of penalties, the competent authorities take into account all relevant circumstances, in particular in the case of SMEs, including:
Amendment 402 #
Proposal for a regulation Article 18 – paragraph 3 – introductory part 3. Member States shall ensure that, when determining the type and level of penalties, the competent authorities take into account all relevant circumstances, in particular in the case of SMEs, including:
Amendment 403 #
Proposal for a regulation Article 18 – paragraph 3 – point d (d) the financial strength of the legal person held liable, in particular in the case of an SME;
Amendment 404 #
Proposal for a regulation Article 18 – paragraph 3 – point e a (new) (e a) the nature and size of the hosting service providers, in particular microenterprises or small-sized enterprises, within the meaning of the Commission recommendation 2003/361/EC.
Amendment 405 #
Proposal for a regulation Article 18 – paragraph 3 – point e a (new) (e a) the nature and size of the hosting service providers, in particular microenterprises or small-sized enterprises, within the meaning of the Commission recommendation 2003/361/EC.
Amendment 406 #
Proposal for a regulation 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
Amendment 407 #
Proposal for a regulation 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
Amendment 408 #
Proposal for a regulation Article 19 – paragraph 1 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 in order to supplement this Regulation with the necessary technical requirements for the electronic means to be used by competent authorities for the transmission of removal orders.
Amendment 409 #
Proposal for a regulation Article 19 – paragraph 2 2. The Commission shall be empowered to adopt such delegated acts to amend Annexes I, II and III in order to
Amendment 410 #
Proposal for a regulation Article 20 – paragraph 1 1. The power to adopt delegated acts is conferred on the Commission for five years subject to the conditions laid down in this Article.
Amendment 411 #
Proposal for a regulation Article 20 – paragraph 2 2. The power to adopt delegated acts referred to in Article 19 shall be conferred on the Commission for a
Amendment 412 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Where possible, Member States shall collect from their competent authorities and the hosting service providers under their jurisdiction and send to the Commission every year by [31 March] the most relevant information about the actions they have taken in accordance with this Regulation. That information shall include:
Amendment 413 #
Proposal for a regulation Article 21 – paragraph 1 – point a (a) information about the number of removal orders and referrals issued, the number of pieces of illegal terrorist content which has been removed or access to it disabled, including the corresponding timeframes pursuant to Article
Amendment 414 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information about the specific proactive measures taken pursuant to Article 6, including the amount of illegal terrorist content which has been removed or access to it disabled and the corresponding timeframes;
Amendment 415 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information about the specific
Amendment 53 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventing the dissemination of illegal terrorist content online A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 54 #
Proposal for a regulation 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 and providing a specific tool for countering such issues and helping to ensure freedom and security for citizens. 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 the freedom of expression and information.
Amendment 55 #
Proposal for a regulation 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 the freedom of expression and information, and rights to privacy and protection of personal data, as well as freedom of the press and pluralsim of the media.
Amendment 56 #
Proposal for a regulation 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 dissemination of illegal terrorist
Amendment 57 #
Proposal for a regulation 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 58 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity, in particular to plan attacks or organise the illegal sale of weapons.
Amendment 59 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online, which are a criminal offence under Union law. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 60 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused
Amendment 61 #
Proposal for a regulation Recital 3 (3)
Amendment 62 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens, the State and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from
Amendment 63 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their
Amendment 64 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers
Amendment 65 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision, recalling that Article 14 requires service providers to act expeditiously to remove or to disable access to illegal content upon receiving knowledge of illegal activity or information. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 66 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision, recalling that Article 14 requires service providers to act expeditiously to remove or to disable access to illegal content upon receiving knowledge of illegal activity or information. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 67 #
Proposal for a regulation Recital 5 (5) Th
Amendment 68 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any
Amendment 69 #
Proposal for a regulation Recital 6 (6) Rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this Regulation in full respect of the fundamental rights protected in the Union's legal order and notably those guaranteed in the Charter of Fundamental Rights of the European Union, to this end hosting services and Member States' competent judicial authorities are encouraged to cooperate in order to develop effective digital interfaces to facilitate their interaction to ensure efficient identification and reporting of illegal content.
Amendment 70 #
Proposal for a regulation Recital 6 a (new) (6 a) The obligations laid down in this Regulation should not affect the duty and ability of national authorities and courts to take appropriate, reasonable and proportionate actions against criminal offences in accordance with national law.
Amendment 71 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, as well as the freedom of the press and pluralism of the media, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures
Amendment 72 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded, but also taking into account the gravity of the threat posed by terrorism, which endangers the lives and physical integrity of European citizens, and the fact that a swift response to terrorism is essential in order to effectively prevent attacks. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information which is not of a terrorist nature, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.
Amendment 73 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards
Amendment 74 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities as defined in this Regulation and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, the rights to privacy and personal data protection, which constitute
Amendment 75 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society,
Amendment 76 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should
Amendment 77 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards t
Amendment 78 #
Proposal for a regulation 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
Amendment 79 #
Proposal for a regulation 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 be informed about redress, the possibility for content providers to appeal against removal decisions taken by the hosting service provider and 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.
Amendment 80 #
Proposal for a regulation 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 and with due respect for the conditions and legal deadlines stipulated by the courts of that State.
Amendment 81 #
Proposal for a regulation 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
Amendment 82 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online to the general public, this Regulation should establish a definition of terrorist content
Amendment 83 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9. Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment.
Amendment 84 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences
Amendment 85 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent judicial authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 86 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 87 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to
Amendment 88 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be
Amendment 89 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9
Amendment 90 #
Proposal for a regulation Recital 9 a (new) (9 a) Where the disseminated material is published under the editorial responsibility of a content provider, any decision as to the removal of such content can only be made based on a juridical order. This is necessary in order to fully respect the law of the Union and the right to freedom of expression and the right to freedom and pluralism of the media as enshrined in Article 11 of the Charter of Fundamental Rights.
Amendment 91 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where ther
Amendment 92 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services to consumers which store information provided by a recipient of the service at his or her request and in
Amendment 93 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services wh
Amendment 94 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored publicly available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information publicly available to third parties and websites where users can make comments or post reviews. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.
Amendment 95 #
Proposal for a regulation Recital 11 (11) A substantial connection to the Union should be relevant to determine the scope of this Regulation. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of
Amendment 96 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent and deter the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation and be without prejudice to Article 15 of Directive 2000/31/EC. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non- discriminatory manner in respect of content that they store, in particular when implementing their own terms and conditions, with a view to avoiding removal of content which is not terrorist. The removal or disabling of access has to be undertaken in the observance of freedom of expression and information. Effective and expeditious complaints and redress mechanisms should be available by the hosting service providers in the case of unjustified removals of content.
Amendment 97 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. In accordance with Article 15 of Directive 2000/31/EC, These duties of care should not amount to a general monitoring obligation and be without prejudice to Chapter IX bis of Directive (EU) 2018/1808, where applicable. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non-
Amendment 98 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent and deter the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non- discriminatory manner in respect of content that they store, in particular when implementing their own terms and conditions, with a view to avoiding removal of content which is not terrorist. The removal or disabling of access has to be undertaken in the observance of and respect for freedom of expression and information. Effective and expeditious complaints and redress mechanisms should be available by the hosting service providers in the case of unjustified removals of content.
Amendment 99 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation within the meaning of Article 15 of Directive 2000/31/EC. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non-
source: 634.733
2019/02/25
LIBE
718 amendments...
Amendment 100 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content
Amendment 101 #
Proposal for a regulation Recital 9 a (new) (9 a) Where the disseminated material is published under the editorial responsibility of a content provider, any decision as to the removal of such content can only be made based on a judicial order. This is necessary in order to fully respect the law of the Union and the right to freedom of expression and the right to freedom and pluralism of the media as enshrined in Article 11 of the Charter of Fundamental Rights.
Amendment 102 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services wh
Amendment 103 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to th
Amendment 104 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th
Amendment 105 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is
Amendment 106 #
(10) In order to cover those online hosting services where illegal terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th
Amendment 107 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th
Amendment 108 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th
Amendment 109 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to th
Amendment 110 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to th
Amendment 111 #
Proposal for a regulation Recital 10 (10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services wh
Amendment 112 #
Proposal for a regulation Recital 11 (11) A substantial connection to the Union should be relevant to determine the scope of this Regulation. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the
Amendment 113 #
Proposal for a regulation Recital 11 (11) A substantial connection to the Union should be relevant to determine the scope of this Regulation. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of
Amendment 114 #
Proposal for a regulation Recital 12 (12)
Amendment 115 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation. Duties of care should include that, when applying this Regulation, hosting services providers act in a diligent, proportionate and non- discriminatory manner in respect of content that they store, in particular when implementing their own terms and conditions, with a view to avoiding removal of content which is not terrorist. The removal or disabling of
Amendment 116 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to
Amendment 117 #
Proposal for a regulation Recital 12 (12) Hosting service providers should apply certain duties of care, in order to prevent the dissemination of terrorist content on their services. These duties of care should not amount to a general monitoring obligation. Duties of care
Amendment 118 #
Proposal for a regulation Recital 13 (13) The procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal terrorist content
Amendment 119 #
Proposal for a regulation 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. Given the various practices in the Union, 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 the effectiveness of removal of terrorist content depends on the swiftness of its removal. Therefore, this provision imposes obligations on hosting service providers following a legal removal order to ensure that terrorist content identified
Amendment 120 #
Proposal for a regulation 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 a
Amendment 121 #
Proposal for a regulation 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 and uniformly implemented at European level. Member States should remain free as to the choice
Amendment 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation 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 order. Respecting this one hour delay is crucial to avoid a widespread dissemination of such content. 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 124 #
Proposal for a regulation 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
Amendment 125 #
Proposal for a regulation Recital 13 (13)
Amendment 126 #
Proposal for a regulation 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
Amendment 127 #
Proposal for a regulation 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 judicial authorities with that task that could be supported by administrative
Amendment 128 #
Proposal for a regulation Recital 13 (13) The procedure and obligations resulting from legal orders requesting
Amendment 129 #
Proposal for a regulation Recital 13 a (new) (13 a) Where a hosting service provider has been unable to succeed in removing or disabling access to the relevant content within one hour, the hosting service providers should take all the necessary measures to execute the removal order without undue delay. The hosting service provider should report to the issuing authority on the reasons which made it impossible to execute the order. In case of delays, the nature and size of the hosting service providers should be taken into account, particularly in the case of micro enterprises or small-sized enterprises within the meaning of the Commission recommendation 2003/361/EC1a. _________________ 1aCommission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, OJ L 124, 20.5.2003, p. 36.
Amendment 130 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order,
Amendment 131 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the identity of the sender, the accuracy of the date and the time of sending and receipt of the order, such as by
Amendment 132 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee in the same Member State and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 133 #
Proposal for a regulation Recital 14 (14) The competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow
Amendment 134 #
Proposal for a regulation Recital 15 Amendment 135 #
Proposal for a regulation Recital 15 Amendment 136 #
Proposal for a regulation Recital 15 (15) Referrals by
Amendment 137 #
Proposal for a regulation Recital 15 (15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available and continue to be developed, in addition to removal orders. It is important that hosting service providers assess such referrals as a matter of priority and provide swift
Amendment 138 #
Proposal for a regulation Recital 16 Amendment 139 #
Proposal for a regulation Recital 16 Amendment 140 #
Proposal for a regulation Recital 16 (16)
Amendment 141 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess on a voluntary basis whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine, with the help of the Member States, what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content and therefore should not be covered by Article 6.
Amendment 142 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist
Amendment 143 #
Proposal for a regulation Recital 16 (16)
Amendment 144 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, based on cooperation and exchange of best practice, hosting service providers should determine what appropriate, effective and proportionate
Amendment 145 #
Proposal for a regulation Recital 16 (16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures
Amendment 146 #
Proposal for a regulation Recital 17 (17) When putting in place
Amendment 147 #
Proposal for a regulation Recital 17 (17)
Amendment 148 #
Proposal for a regulation Recital 17 (17) When putting in place proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications
Amendment 149 #
Proposal for a regulation Recital 17 (17) When putting in place
Amendment 150 #
Proposal for a regulation Recital 17 (17) When
Amendment 151 #
Proposal for a regulation Recital 17 (17) When putting in place voluntary proactive measures, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data,
Amendment 152 #
Proposal for a regulation Recital 18 Amendment 153 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to illegal terrorist content take appropriate measures to prevent the misuse of their services
Amendment 154 #
Proposal for a regulation Recital 18 (18)
Amendment 155 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to
Amendment 156 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received,
Amendment 157 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content due to the nature of the services they provide take appropriate measures to prevent the misuse of their services, the
Amendment 158 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to
Amendment 159 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for systematic human oversight and verification for the first removal of a content. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 160 #
Proposal for a regulation Recital 18 (18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their size and economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
Amendment 161 #
Proposal for a regulation Recital 19 Amendment 162 #
Proposal for a regulation Recital 19 Amendment 163 #
Proposal for a regulation Recital 19 (19)
Amendment 164 #
(19)
Amendment 165 #
Proposal for a regulation Recital 19 (19) Following the re
Amendment 166 #
Proposal for a regulation Recital 19 (19) Following the request, the
Amendment 167 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent
Amendment 168 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider
Amendment 169 #
Proposal for a regulation Recital 19 (19) Following the request, the competent authority should enter into a dialogue with the hosting service provider
Amendment 170 #
Proposal for a regulation Recital 20 Amendment 171 #
Proposal for a regulation Recital 20 (20) The obligation on hosting service providers to preserve removed content and related data, should be
Amendment 172 #
Proposal for a regulation Recital 20 (20) The obligation on hosting service providers to preserve removed content and related data, should be
Amendment 173 #
Proposal for a regulation Recital 21 (21) The obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified
Amendment 174 #
Proposal for a regulation Recital 21 (21) The obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it
Amendment 175 #
Proposal for a regulation Recital 21 (21) The obligation to preserve the content for proceedings of independent administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of
Amendment 176 #
Proposal for a regulation Recital 21 (21) The obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure. The obligation to
Amendment 177 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process
Amendment 178 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to
Amendment 179 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six 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 six months period upon request by the authority carrying out the review.
Amendment 180 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six 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
Amendment 181 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six 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 six 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. Related data should be erased after this six months period.
Amendment 182 #
Proposal for a regulation Recital 22 (22) To ensure proportionality, the period of preservation should be limited to six 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 six months period upon request by the authority carrying out the review.
Amendment 183 #
Proposal for a regulation 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. Member States should lay down clear and precise rules indicating in what circumstances and under what conditions competent national authorities can access the preserved content and any related data, aiming in particular at securing the effective exercise of fundamental rights and prevent fundamental rights violations. Access to such content and data must be subject to a prior review by a court or independent administrative body, expect in cases of validly established urgency.
Amendment 184 #
Proposal for a regulation 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 185 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to illegal terrorist content is essential to enhance
Amendment 186 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content, and promote exchange of best practice to efficiently tackle terrorist content.
Amendment 187 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users
Amendment 188 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers exposed to terrorist content should publish annual transparency reports containing meaningful information about
Amendment 189 #
Proposal for a regulation Recital 24 (24) Transparency of hosting service providers' policies in relation to illegal terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of illegal terrorist content.
Amendment 190 #
Proposal for a regulation Recital 24 a (new) (24 a) Content providers whose content has been removed following a removal order, should have a right to an effective remedy in accordance with Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 191 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds. Member States should also guarantee that hosting service providers and content providers can effectively exercise their right to judicial redress. Furthermore, content providers whose content has been removed following a removal order should have the right to an effective judicial remedy in accordance with Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Effective appeal mechanisms should be established at national level to ensure that any party subject to a removal order issued by a competent judicial authority should have the right to appeal to a judicial body. The appeal procedure is without prejudice to the division of competences within national judicial systems.
Amendment 192 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider.
Amendment 193 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service
Amendment 194 #
Proposal for a regulation Recital 25 (25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and freedom to receive and impart information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions
Amendment 195 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision.
Amendment 196 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are
Amendment 197 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed
Amendment 198 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision. However, this does not necessarily require
Amendment 199 #
Proposal for a regulation Recital 26 (26) Effective legal protection according to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled. For that purpose, the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision.
Amendment 200 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol
Amendment 201 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol when issuing removal orders
Amendment 202 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol when issuing removal orders
Amendment 203 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol
Amendment 204 #
Proposal for a regulation Recital 27 (27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol when issuing removal orders
Amendment 205 #
Proposal for a regulation Recital 28 (28)
Amendment 206 #
Proposal for a regulation Recital 28 (28) In order to ensure the effective and sufficiently coherent implementation of
Amendment 207 #
Proposal for a regulation Recital 28 (28) In order to ensure the effective and sufficiently coherent implementation of
Amendment 208 #
Proposal for a regulation 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
Amendment 209 #
Proposal for a regulation Recital 29 (29)
Amendment 210 #
Proposal for a regulation Recital 29 (29) It is essential that the competent authority within the Member State responsible for imposing penalties is fully informed about the issuing of removal
Amendment 211 #
Proposal for a regulation Recital 29 (29) It is essential that the competent authority within the Member State responsible for imposing penalties is fully informed about the issuing of removal orders and
Amendment 212 #
Proposal for a regulation Recital 29 (29) It is essential that the competent authority within the Member State
Amendment 213 #
Proposal for a regulation Recital 30 (30) To facilitate the swift exchanges between competent authorities as well as with hosting service providers, and to avoid duplication of effort, Member States
Amendment 214 #
Proposal for a regulation Recital 30 (30) To facilitate the swift exchanges between competent authorities as well as with hosting service providers, and to avoid duplication of effort, Member States may make use of tools developed by Europol
Amendment 215 #
Proposal for a regulation Recital 31 (31) Given the particular serious consequences of certain terrorist content, hosting service providers should promptly inform the authorities in the Member State concerned or the competent authorities where they are established or have a legal representative, about the existence of any evidence of terrorist offences that they become aware of. In order to ensure proportionality, this obligation is limited to terrorist offences as defined in Article 3(1) of Directive (EU) 2017/541. The obligation to inform does not imply an obligation on hosting service providers to actively seek any such evidence. The Member State concerned is the Member State which has jurisdiction over the investigation and prosecution of the terrorist offences pursuant to Directive (EU) 2017/541 based on the nationality of the offender or of the
Amendment 216 #
Proposal for a regulation Recital 32 Amendment 217 #
Proposal for a regulation Recital 32 Amendment 218 #
Proposal for a regulation Recital 32 (32) The competent authorities in the Member States should be allowed to use such information to take investigatory measures available under Member State or Union law
Amendment 219 #
Proposal for a regulation 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 the receipt of a removal order, hosting service providers exposed to terrorist content 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. Hosting service providers should establish this contact point as soon as they become aware of such content, at the latest without undue delay after they have received a first removal order.
Amendment 220 #
Proposal for a regulation Recital 33 (33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders
Amendment 221 #
Proposal for a regulation Recital 33 (33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders
Amendment 222 #
Proposal for a regulation 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
Amendment 223 #
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders
Amendment 224 #
Proposal for a regulation 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.
Amendment 225 #
Proposal for a regulation 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
Amendment 226 #
Proposal for a regulation 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.
Amendment 227 #
Proposal for a regulation 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.
Amendment 228 #
Proposal for a regulation Recital 35 (35) Those hosting service providers which are not established in the Union, should designate in writing a legal representative in order to ensure the compliance with and enforcement of the obligations under this Regulation. Hosting service providers may make use of an existing legal representative, provided that this legal representative is able to fulfil the functions as set out in this Regulation.
Amendment 229 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate competent authorities. The requirement to designate competent authorities 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,
Amendment 230 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate a competent authorit
Amendment 231 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate independent and impartial public competent authorities. The requirement to designate competent authorities 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
Amendment 232 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate a competent authorit
Amendment 233 #
Proposal for a regulation Recital 37 (37) For the purposes of this Regulation, Member States should designate competent judicial authorities. The requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be judicial existing bodies tasked with the functions set out in this Regulation. This Regulation requires designating authorities competent for issuing removal orders
Amendment 234 #
Proposal for a regulation Recital 37 a (new) (37 a) Member States should communicate the competent authorities designated under this Regulation to the Commission, which should publish online a compilation of the competent authorities per Member State. The online registry should be easily accessible to facilitate the swift verification of the authenticity of removal orders by the hosting service providers.
Amendment 235 #
Proposal for a regulation 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.
Amendment 236 #
Proposal for a regulation 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
Amendment 237 #
Proposal for a regulation Recital 38 (38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States
Amendment 238 #
Proposal for a regulation 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 order. 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.
Amendment 239 #
Proposal for a regulation Recital 38 (38) Penalties are necessary to ensure
Amendment 240 #
Proposal for a regulation Recital 38 (38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States
Amendment 241 #
Proposal for a regulation 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 to ensure the proportionality of penalties depending on the size and means of the host service provider. Particularly severe penalties shall be
Amendment 242 #
Proposal for a regulation 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
Amendment 243 #
Proposal for a regulation Recital 38 (38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation, with a uniform approach being adopted in this respect throughout the European Union. 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
Amendment 244 #
Proposal for a regulation Recital 38 (38) Penalties
Amendment 245 #
Proposal for a regulation Recital 38 (38) Penalties
Amendment 246 #
Proposal for a regulation 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
Amendment 247 #
Proposal for a regulation Recital 40 (40) In order to allow for a swift amendment, where necessary, of the content of the templates to be used for the purposes of this Regulation the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I, II and III of this Regulation. In order to be able to take into account the development of technology and of the related legal framework, the Commission should also be empowered to adopt delegated acts to supplement this Regulation with technical requirements for the electronic means to be used by competent authorities for the transmission of removal orders, and for determining what corresponds to a significant number of uncontested removal orders pursuant to this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations are
Amendment 248 #
Proposal for a regulation Recital 41 (41) Member States should collect information on the implementation of the legislation including information on the number of cases of successful detection, investigation and prosecution of terrorist offences as a consequence of this Regulation. A detailed programme for monitoring the outputs, results and impacts of this Regulation should be established in order to inform an evaluation of the legislation.
Amendment 249 #
Proposal for a regulation Recital 42 (42) Based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise, the Commission should carry out an evaluation of this Regulation
Amendment 250 #
Proposal for a regulation Recital 42 (42) Based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise, the Commission should carry out an evaluation of this Regulation no sooner
Amendment 251 #
Proposal for a regulation Recital 43 Amendment 252 #
Proposal for a regulation Recital 43 (43) Since the objective of this Regulation, namely ensuring the smooth functioning of the digital single market by
Amendment 253 #
Proposal for a regulation Recital 43 (43) Since the objective of this Regulation, namely ensuring the smooth functioning of the digital single market by preventing the dissemination of illegal terrorist content online, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects
Amendment 254 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down
Amendment 255 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to prevent the misuse of hosting services for the public dissemination of terrorist content online. It lays down in particular:
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to
Amendment 258 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down uniform rules to
Amendment 259 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This
Amendment 260 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 261 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on reasonable and proportionate duties of care to be applied by hosting service providers
Amendment 262 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to
Amendment 263 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the public dissemination of terrorist content through their services and ensure,
Amendment 264 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers in order to prevent the public dissemination of terrorist content through their services and ensure, where necessary, its swift removal;
Amendment 265 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) rules on duties of care to be applied by hosting service providers
Amendment 266 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify illegal terrorist content, to enable its
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify terrorist content, to enable its
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify illegal terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent judicial and independent administrative authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) a set of measures to be put in place by Member States to identify the illegal terrorist content, to enable its swift removal by hosting service providers following a removal order and to facilitate cooperation with the competent authorities in other Member States
Amendment 270 #
Proposal for a regulation Article 1 – paragraph 1 a (new) Amendment 271 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union. Member States may establish conditions required by, and in accordance with, fundamental principles relating to the freedom of the press and the freedom and pluralism of the media.
Amendment 272 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Content disseminated for educational, journalistic, artistic or research purposes, or awareness raising activities against terrorism, shall be considered content for legitimate purposes and is therefore excluded of this Regulation.
Amendment 273 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall apply without prejudice to fundamental principles in EU and national law relating to freedom of speech, freedom of the press and freedom and pluralism of the media.
Amendment 274 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union.
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation does not apply to content which is disseminated for educational, artistic, journalistic or research purposes, or for awareness raising purposes against terrorist activity.
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not apply to content disseminated for educational, journalistic, artistic or research purposes, or awareness raising activities against terrorism.
Amendment 277 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Content disseminated for educational, journalistic, artistic or research purposes or awareness raising activities against terrorism shall be excluded.
Amendment 278 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation is without prejudice to Article 14 and 15 of Directive 2000/31/EC.
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Directive shall not have the effect of modifying Directive (EC) 2000/31.
Amendment 280 #
Proposal for a regulation Article 1 – paragraph 2 b (new) 2 b. This Directive shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union.
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 2 b (new) 2 b. This Regulation shall apply in respect of freedom of expression and according to the Member State’s Constitutions.
Amendment 282 #
Proposal for a regulation Article 1 – paragraph 2 b (new) 2 b. This Regulation is without prejudice to the liability regime under Directive 2000/31/EC.
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 2 b (new) 2 b. This Regulation is without prejudice to the obligations under Directive 2003/31/EC.
Amendment 284 #
Proposal for a regulation Article 1 – paragraph 2 c (new) 2 c. This Directive shall be without effect on the applicable rules on the processing of personal data, notably Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Amendment 285 #
Proposal for a regulation Article 2 – paragraph 1 – introductory part For the purposes of this Regulation, the following definitions shall be interpreted according to Articles 5 and 7 of the Directive (EU) 2017/541 on combating terrorism and shall apply:
Amendment 286 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1)
Amendment 287 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services directed at end-users consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 288 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services
Amendment 289 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 290 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 291 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th
Amendment 292 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information
Amendment 293 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services
Amendment 294 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and
Amendment 295 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) 'content provider' means a user who has provided
Amendment 296 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) 'content provider' means a user who has intentionally provided information that is, or that has been, stored at the request of the user by a hosting service provider;
Amendment 297 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) 'content provider' means a user who has intentionally provided information that is, or that has been, stored at the request of the user by a hosting service provider;
Amendment 298 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) 'to offer services in the Union’ means: enabling legal or natural persons in one or more Member States to use the services of the hosting service provider, irrespective of whether a payment of the user is required or not, which has a substantial connection to that Member State or Member States, such as
Amendment 299 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) 'to offer services in the Union’ means
Amendment 300 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c (c) targeting of activities towards users in one or more Member States.
Amendment 301 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means
Amendment 302 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means
Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'terrorist offences' means offences as defined in Article 3
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5)
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means material, including messages or images, constituting a public provocation to commit a terrorist offence, comprising one or more of the following information:
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means one or more of the following information
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'illegal terrorist content' means one or more of the following information:
Amendment 312 #
(5) 'illegal terrorist content' means
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – introductory part (5) 'terrorist content' means
Amendment 314 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 315 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) in
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a (a) in
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 321 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b Amendment 325 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b)
Amendment 326 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point b (b)
Amendment 327 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 328 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 329 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Amendment 330 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) intentionally promot
Amendment 331 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) intentionally promot
Amendment 332 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the activities of a
Amendment 333 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c (c) promoting the criminal activities of a terrorist group, in particular by encouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 335 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 336 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d Amendment 337 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (d) in
Amendment 338 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (d) in
Amendment 339 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d (d)
Amendment 340 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d a (new) (d a) provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques, for the purpose of committing, or contributing to the commission of, terrorist offences.
Amendment 341 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 – point d b (new) (d b) The expression of radical, polemic or controversial views in the public debate on sensitive political questions shall however not be considered terrorist content.
Amendment 342 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content available to th
Amendment 343 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 344 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content available to third parties on the hosting service providers’ services;
Amendment 345 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content available to th
Amendment 346 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 347 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 348 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 349 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 350 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content available to th
Amendment 351 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘dissemination of terrorist content’ means making terrorist content publicly available
Amendment 352 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6 a) ‘related data’ means only subscriber data and access data;
Amendment 353 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6 a) ‘related data’ means only subscriber data and access data
Amendment 354 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7 a) ‘competent authority’ means a designated national judicial authority in the Member State;
Amendment 355 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7 a) ‘competent authority’ means a designated national judicial authority in the Member State;
Amendment 356 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 357 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 358 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 359 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 36 #
Proposal for a regulation Title 1 Proposal for a
Amendment 360 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘information society services’ means the services as referred to in point (a) of Article 2 of Directive 2000/31/EC.
Amendment 361 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘competent authority’ means an independent judicial authority designated or created by the Member State.
Amendment 362 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘competent authority’ means an independent and impartial public authority under national law.
Amendment 363 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) ‘competent authority’ means a designated national judicial authority in the Member State.
Amendment 365 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers that have been subject to a significant number of uncontested removal orders 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 in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of
Amendment 366 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers that receive numerous uncontested removal orders shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers and to protect users from illegal terrorist content. In doing so, they shall act in a diligent, proportionate and non-
Amendment 367 #
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this
Amendment 368 #
Proposal for a regulation 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 the fundamental importance of the freedom of expression and information in an open and democratic society. These actions shall not result in general monitoring obligation.
Amendment 369 #
Proposal for a regulation Article 3 – paragraph 1 1. Hosting service providers that have been in receipt of a substantial number of uncontested removal orders pursuant to Article 4, shall take appropriate, reasonable and proportionate actions in accordance with this Regulation,
Amendment 37 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on
Amendment 370 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. Hosting service providers shall ensure that the duties of care shall not amount to general monitoring of information they transmit or store, nor a general duty to actively seek facts or circumstances indicating illegal activity.
Amendment 371 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. Hosting service providers shall ensure that the duties of care shall not amount to general monitoring of information they transmit or store, nor a general duty to actively seek facts or circumstances indicating illegal activity.
Amendment 372 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 373 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 374 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions
Amendment 375 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions
Amendment 376 #
Proposal for a regulation Article 3 – paragraph 2 2. Hosting service providers shall include in their terms and conditions
Amendment 377 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2a. Where hosting service providers obtain knowledge or awareness of terrorist content on their services, they shall inform the competent authorities of such content and delete it without undue delay.
Amendment 378 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2a. Where hosting service providers obtain knowledge or awareness of illegal terrorist content on their services, they shall inform the competent authorities of such content and delete it without undue delay
Amendment 379 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it. Where the competent authority is not a judicial authority or where the removal order is not based on a judicial authority’s decision, the removal order addressed to the hosting service provider shall be at the same time submitted for review to an independent judicial authority determined in accordance with national law. This judicial authority shall notify the competent authority and the hosting service provider of its decision within twenty-four hours from the receipt of the removal order.
Amendment 38 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 380 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 381 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 382 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 383 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist
Amendment 384 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 385 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 386 #
Proposal for a regulation Article 4 – paragraph 1 1. The competent authority shall have the power to issue a
Amendment 387 #
Proposal for a regulation 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 388 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. Where material is published under the editorial responsibility of a content provider, any removal order can only become effective based on a judicial order.
Amendment 389 #
Proposal for a regulation 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 order. In exceptional circumstances where the competent authority stipulates in the removal order that the particular content poses an imminent threat, hosting providers shall remove content or disable access to it within a period shorter than twenty-four hours from the receipt of the removal order. The period shall be specifically defined by the competent authority in the removal order and it cannot be less than one hour from the receipt of the removal order, taking into account the time of the addressee hosting service provider. Where the judicial authority conducting a review pursuant to paragraph 1 issues a decision that does not confirm the removal order’s legality, the competent authority shall ensure the immediate restoration of such content, provided it has already been removed or access to it disabled.
Amendment 39 #
Proposal for a regulation Recital 1 (1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society,
Amendment 390 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it
Amendment 391 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 392 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it immediately and in any event within one hour from receipt of the removal order.
Amendment 393 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content
Amendment 394 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove illegal terrorist content
Amendment 395 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall remove terrorist content or disable access to it with
Amendment 396 #
Proposal for a regulation Article 4 – paragraph 2 2. Hosting service providers shall
Amendment 397 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) identification of the competent authority via a digital signature issuing the removal order and authentication of the removal order by the competent authority;
Amendment 398 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) identification of the competent authority by a digital signature issuing the removal order and authentication of the removal order by the competent authority;
Amendment 399 #
Proposal for a regulation 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) and substantiating the elements of unlawfulness and intentionality and the relevant national law;
Amendment 40 #
Proposal for a regulation Recital 1 (1) This Regulation aims at ensuring the s
Amendment 400 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a detailed statement of reasons explaining why the content is considered terrorist content
Amendment 401 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a statement of reasons explaining why the content is considered illegal terrorist content
Amendment 402 #
Proposal for a regulation 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 403 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) a statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of illegal terrorist content listed in Article 2(5);
Amendment 404 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) an exact Uniform Resource Locator (URL) and, where necessary, additional information enabling the identification of the content referred;
Amendment 405 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c)
Amendment 406 #
Proposal for a regulation Article 4 – paragraph 3 – point e a (new) (ea) a qualified electronic signature of the issuing authority, pursuant to Regulation (EU) 910/20141a; _________________ 1aRegulation (EU) 910/2014 of the European Parliament and of the Council of of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73.)
Amendment 407 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about redress, its modalities and deadlines, available to the hosting service provider and to the content provider, including redress possibilities with the competent authority as well as the recourse to the court;
Amendment 408 #
Proposal for a regulation Article 4 – paragraph 3 – point f (f) information about redress available to the hosting service provider and to the content provider, including redress with the competent authority as well as recourse to a court;
Amendment 409 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where
Amendment 41 #
Proposal for a regulation Recital 1 (1) This
Amendment 410 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where
Amendment 411 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where
Amendment 412 #
Proposal for a regulation Article 4 – paragraph 3 – point g (g) where relevant, the decision not to disclose information about the
Amendment 413 #
Proposal for a regulation Article 4 – paragraph 3 – point g a (new) (ga) deadlines by which the hosting service provider and the content provider may appeal the order;
Amendment 414 #
Proposal for a regulation Article 4 – paragraph 3 – point g a (new) (ga) deadlines for appeal for the hosting service provider and for the content provider.
Amendment 415 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 416 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 417 #
Proposal for a regulation Article 4 – paragraph 4 4. Upon request by the hosting service provider or by the content provider, the competent authority shall provide a
Amendment 418 #
Proposal for a regulation Article 4 – paragraph 4 4. Upon request by the hosting service
Amendment 419 #
Proposal for a regulation 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, including the reasons why the content must be removed within the deadline set out in paragraph 2, this shall be 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 42 #
Proposal for a regulation Recital 1 (1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society,
Amendment 420 #
Proposal for a regulation Article 4 – paragraph 4 4.
Amendment 421 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. Where the competent authority is not a judicial authority, or where the removal order is not based on a judicial authority’s decision, the removal order addressed to the hosting service provider shall be at the same time submitted to an independent judicial authority determined in accordance with the national law. This judicial authority shall notify the competent authority and the hosting service provider of its decision within twenty-four hours from the receipt of the removal order.
Amendment 422 #
Proposal for a regulation 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 423 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorities 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, pursuant to point (ea) of paragraph 3.
Amendment 424 #
Proposal for a regulation Article 4 – paragraph 5 5. The competent authorit
Amendment 425 #
Proposal for a regulation Article 4 – paragraph 6 6. Hosting service providers shall acknowledge receipt immediately and, without undue delay, inform the competent authority about the removal of terrorist content or disabling access to it, indicating, in particular, the time of action, using the template set out in Annex II.
Amendment 426 #
Proposal for a regulation Article 4 – paragraph 6 6. Hosting service providers shall
Amendment 427 #
Proposal for a regulation Article 4 – paragraph 6 6. Hosting service providers shall acknowledge receipt and, without undue delay, inform the competent authority about the removal of illegal terrorist content
Amendment 428 #
Proposal for a regulation 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.
Amendment 429 #
Proposal for a regulation 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, or for technical or operational reasons, it shall inform, without undue delay, the competent authority, explaining the reasons, using the template set out in Annex III.
Amendment 43 #
Proposal for a regulation 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
Amendment 430 #
Proposal for a regulation 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.
Amendment 431 #
Proposal for a regulation 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,
Amendment 432 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider cannot comply with the removal order
Amendment 433 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider
Amendment 434 #
8. If the hosting service provider
Amendment 435 #
Proposal for a regulation Article 4 – paragraph 8 8. If the hosting service provider cannot comply with the removal order because the removal order contains manifest errors, is insufficiently substantiated 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 2 shall apply as soon as the clarification is provided.
Amendment 436 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 437 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 438 #
9.
Amendment 439 #
Proposal for a regulation Article 4 – paragraph 9 9.
Amendment 44 #
Proposal for a regulation 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 and by delivering an efficient tool to achieve long term public security in our societies. 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 the freedom of expression and information.
Amendment 440 #
Proposal for a regulation Article 4 – paragraph 9 9. The competent authority which issued the removal order shall inform the competent authority which oversees the implementation of
Amendment 441 #
Proposal for a regulation Article 4 a (new) Article 4 a Consultation procedure for removal orders 1. The issuing authority shall submit a copy of the removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located at the same time it is transmitted to the hosting service provider in accordance with Article 4(5). 2. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the issuing competent authority thereof and request the withdrawal of the removal order and shall inform the hosting service provider thereof. 3. In cases where the issuing authority deems it necessary to proceed with the removal order it shall take these circumstances into account and shall adapt the removal order in order to take the fundamental interests of the receiving Member State into consideration.
Amendment 442 #
Proposal for a regulation Article 4 a (new) Article 4 a Consultation procedure for removal orders 1. The issuing authority shall submit a copy of the removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located at the same time it is transmitted to the hosting service provider in accordance with Article 4(5). 2. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the issuing competent authority. 3. The issuing authority shall take these circumstances into account and shall, where necessary, withdraw or adapt the removal order.
Amendment 443 #
Proposal for a regulation Article 4 a (new) Article 4 a Consultation procedure for removal orders 1. The issuing authority shall submit a copy of the removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located at the same time it is transmitted to the hosting service provider in accordance with Article 4(5). 2. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the issuing competent authority. 3. The issuing authority shall take these circumstances into account and may, where necessary, withdraw or adapt the removal order.
Amendment 444 #
Proposal for a regulation Article 5 Amendment 445 #
Proposal for a regulation Article 5 Amendment 446 #
Proposal for a regulation Article 5 Amendment 447 #
Proposal for a regulation Article 5 Amendment 448 #
Proposal for a regulation Article 5 Amendment 449 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 45 #
Proposal for a regulation 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
Amendment 450 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 451 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 452 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 453 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 454 #
Proposal for a regulation Article 5 – paragraph 6 Amendment 455 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 456 #
Proposal for a regulation 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 authorit
Amendment 458 #
Amendment 46 #
Proposal for a regulation 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 460 #
Proposal for a regulation Article 6 – title 6
Amendment 461 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 462 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 463 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers
Amendment 464 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content including detection, identification and removal or disabling access to 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.
Amendment 465 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall, where appropriate, take voluntary proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective, appropriate and proportionate, taking into account the risk and level of exposure to terrorist content, the technical and operational capacity, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 466 #
Proposal for a regulation Article 6 – paragraph 1 1. Hosting service providers shall,
Amendment 467 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 468 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. Before introducing such measure, hosting service providers shall perform and make public a risk assessment on the level of exposure to terrorism content that is inter alia based on the number of removal orders and referrals received. Hosting service providers shall draw up a remedial action plan to tackle terrorist content proportionate to the level of risk identified.
Amendment 469 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 47 #
Proposal for a regulation Recital 1 (1) This Regulation aims at ensuring the smooth and transparent 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 the freedom of expression
Amendment 470 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 471 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 472 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Amendment 473 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Where it has been informed according to Article 4(9) and after establishing that a hosting service provider has received a non-incidental number of final removal orders, the competent authority referred to in Article 17(1)(c) shall request the hosting service provider to submit a report, within three months after receipt of the request
Amendment 474 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Amendment 475 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c)
Amendment 476 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c) shall request the hosting service provider to
Amendment 477 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a Amendment 478 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a Amendment 479 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a Amendment 48 #
Proposal for a regulation Recital 1 a (new) (1a) Regulation of hosting service providers can only complement Member States’ strategies and actions to address illegal terrorist offences, which must emphasize offline measures, such as criminal investigations and cross-border cooperation, as well as preventive measures, including investment in education, social cohesion, and violence prevention, among others. As many studies show, the process of radicalisation very rarely happens online only. Actual violent radicalisation entails several complex processes, including person-to-person communication in conjunction with other offline factors. The role that internet and social media may play in this process should however not be undermined.
Amendment 480 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) preventing the re-upload of content which has previously been removed on the basis of the removal order or to which access has been disabled because it is considered to be terrorist content;
Amendment 481 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) preventing the re-upload of content which has previously been removed on the basis of a removal order or to which access has been disabled because it
Amendment 482 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) preventing the re-upload of content which has, through human verification, previously been removed or to which access has been disabled because it is considered to be terrorist content;
Amendment 483 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) effectively prevent
Amendment 484 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point a (a) preventing the re-upload of content
Amendment 485 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point b Amendment 486 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point b Amendment 487 #
Amendment 488 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point b (b) detecting
Amendment 489 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point b (b) detecting, identifying and expeditiously
Amendment 49 #
(1a) Considering that measures making it beforehand impossible to publicate on the internet, such as uploadfilters, are in violation of Article 7.3 of the Dutch Constitution.
Amendment 490 #
Amendment 491 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Amendment 492 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Amendment 493 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 Amendment 494 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 Amendment 495 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the
Amendment 496 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 3 The competent authority shall request the hosting service provider to submit a report, within three months after receipt of the request and thereafter at least on an annual basis on the specific proactive measures it has taken. The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the proactive measures are effective and proportionate
Amendment 497 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. Competent authorities shall collaborate with hosting service providers and put the means necessary to guarantee that the voluntary proactive measure in place are effective, proportional and do not constitute a burden for the hosting service providers.
Amendment 498 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 499 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 50 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens, providing learning opportunities and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are, in certain cases, abused by third parties to carry out illegal activities online which constitute a criminal offence according to the existing EU legal framework. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 500 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 501 #
Proposal for a regulation Article 6 – paragraph 3 3. Where the competent authority referred to in Article 17(1)(c) considers that the
Amendment 502 #
Proposal for a regulation 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
Amendment 503 #
Proposal for a regulation 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 do not respect the principles of necessity and proportionality or are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific alternative or additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority
Amendment 504 #
Proposal for a regulation 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 proportional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 505 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 506 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 507 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 508 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 509 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 51 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups, organisations and individuals and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 510 #
Proposal for a regulation Article 6 – paragraph 4 4.
Amendment 511 #
Proposal for a regulation Article 6 – paragraph 4 4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the size and economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 512 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. The competent authority shall not impose a general monitoring obligation as defined in Directive 2000/31/EC (e- commerce Directive).
Amendment 513 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 514 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 515 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 516 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 517 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider. A hosting service provider shall have the right to contest a decision imposing proactive measures before the court of the Member State whose competent authority has adopted this decision.
Amendment 518 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority
Amendment 519 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. Decisions taken pursuant to Article 6 (4) shall be subject to review by a court. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider.
Amendment 52 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused
Amendment 520 #
Proposal for a regulation Article 6 – paragraph 5 5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request
Amendment 521 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order
Amendment 522 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve terrorist content after judicial review or other independent administrative authority according to national legislation which has been removed or disabled as a result of a removal order, a referral or as a result of voluntary proactive measures pursuant to Articles 4, 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for:
Amendment 523 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order
Amendment 524 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve illegal terrorist content which has been removed
Amendment 525 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Hosting service providers shall preserve terrorist content which has been removed
Amendment 526 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) proceedings of administrative or judicial review and remedy,
Amendment 527 #
(a) proceedings of administrative or judicial review and remedy,
Amendment 528 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) complaint mechanisms pursuant to Article 10;
Amendment 529 #
Proposal for a regulation Article 7 – paragraph 1 – point b Amendment 53 #
Proposal for a regulation Recital 2 (2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to
Amendment 530 #
Proposal for a regulation Article 7 – paragraph 1 – point b Amendment 531 #
Proposal for a regulation Article 7 – paragraph 1 – point b Amendment 532 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (ba) Except in cases of validly establishes urgency, access to terrorist content and related data for any of the purposes under point (b) shall be authorised only after a prior review by a court or other independent administrative authority according to national and European legislation.
Amendment 533 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (ba) remedying complaints following the mechanism described in Article 10.
Amendment 534 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The obligation in paragraph 1 shall also apply when hosting service providers remove content as a consequence of a referral by Europol within the meaning of Article 4(1) (m) of Regulation (EU) 2016/794.
Amendment 535 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related user data referred to in paragraph 1 shall be preserved for six months
Amendment 536 #
Proposal for a regulation Article 7 – paragraph 2 2. The illegal terrorist content and related data referred to in paragraph 1 (a) shall be preserved for six months. The illegal terrorist content shall, upon request from the competent authority or court, be preserved
Amendment 537 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six 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). Related data preserved shall be erased after this period.
Amendment 538 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six months and deleted after this period. The terrorist content shall, upon request from the competent authority or court, be preserved for a specifically defined longer period when and for as long as necessary for ongoing proceedings of
Amendment 539 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 (a) shall be preserved for six 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 54 #
Proposal for a regulation Recital 2 a (new) (2a) Social media platforms may be used as a driver of radicalisation leading to violent extremism as well as a tool to disseminate hate speech and illicit contents, especially among young internet users.
Amendment 540 #
Proposal for a regulation Article 7 – paragraph 2 2. The terrorist content and related data referred to in paragraph 1 shall be preserved for
Amendment 541 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 1 Hosting service providers shall ensure that the illegal terrorist content and related data preserved pursuant to paragraphs 1 and 2 are subject to appropriate technical and organisational safeguards.
Amendment 542 #
Proposal for a regulation Article 7 – paragraph 3 – subparagraph 2 Those technical and organisational safeguards shall ensure that the preserved illegal terrorist content and related data is only accessed and processed for the purposes referred to in paragraph 1, and ensure a high level of security of the personal data concerned. Hosting service providers shall review and update those safeguards where necessary.
Amendment 543 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3a. Member States shall provide in national legislation that except in cases of validly established urgency, access to terrorist content and related user data preserved for any of the purposes under point (b) of paragraph 1 shall be authorised only after a prior review by a court or an investigating judge.
Amendment 544 #
Proposal for a regulation Article 8 – title Transparency obligations for hosting service providers
Amendment 545 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall clearly set out in their terms and conditions their policy to prevent the abuse of their services for the purposes of dissemination of illegal terrorist content
Amendment 546 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall
Amendment 547 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 548 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall in a clear and easily accessible way set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 549 #
Proposal for a regulation Article 8 – paragraph 1 1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of the voluntary proactive measures in place, including the use of automated tools.
Amendment 55 #
Proposal for a regulation Recital 3 Amendment 550 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers exposed to terrorist content that have received removal orders in a given year shall publish annual transparency reports on action taken against the dissemination of terrorist content for those years.
Amendment 551 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers shall
Amendment 552 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content
Amendment 553 #
Proposal for a regulation 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 report
Amendment 554 #
Proposal for a regulation Article 8 – paragraph 2 2. Hosting service providers and the authorities competent to issue removal orders shall publish annual transparency reports on action taken against the dissemination of illegal terrorist content
Amendment 555 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) information about the hosting service provider’s measures in relation to the
Amendment 556 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) where applicable, information about the hosting service provider’s
Amendment 557 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) information about the hosting service provider’s measures to prevent the re-
Amendment 558 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) information about the hosting service provider’s measures to
Amendment 559 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) information
Amendment 56 #
Proposal for a regulation Recital 3 (3)
Amendment 560 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of illegal terrorist
Amendment 561 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of terrorist content removed or to which access has been disabled, following removal orders
Amendment 562 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) number of pieces of terrorist content removed or to which access has been disabled, following removal orders,
Amendment 563 #
Proposal for a regulation Article 8 – paragraph 3 – point c a (new) (ca) number of removal orders received and follow-up actions taken pursuant to Article 4(6), (7), and (8), respectively;
Amendment 564 #
Proposal for a regulation Article 8 – paragraph 3 – point c a (new) (ca) number of pieces of alleged terrorist content which had to be made available again following a complaint or a redress;
Amendment 565 #
Proposal for a regulation Article 8 – paragraph 3 – point c b (new) (cb) number of pieces of alleged terrorist content which were not removed pursuant to paragraphs 7 and 8 of Article 4, and the grounds for not removing them;
Amendment 566 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) overview and outcome of complaint procedures, including the number of cases in which it was established that content was wrongly identified as illegal terrorist content.
Amendment 567 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d) overview and outcome of complaint procedures, including the number of cases in which it was established that content was wrongly identified as terrorist content.
Amendment 568 #
Proposal for a regulation Article 8 – paragraph 3 – point d (d)
Amendment 569 #
Proposal for a regulation Article 8 – paragraph 3 – point d a (new) (da) number and outcome of actions for judicial redress.
Amendment 57 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their
Amendment 570 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. Hosting service providers that make use of private databases that contain hash fingerprints of audio and video of terrorist content, as defined by the Community Guidelines or the Terms of Services of these companies, shall give access to this database to independent third parties in order to avoid any unintended and erroneous decision leading to removal of content that is not illegal terrorist content.
Amendment 571 #
Proposal for a regulation Article 8 a (new) Article 8 a Transparency obligations for competent authorities 1. Competent authorities shall publish annual transparency reports on removal orders and follow-up taken regarding terrorist content. 2. Transparency reports shall include at least the following information: (a) information about the competent authority’s measures in relation to the detection, identification and removal of terrorist content; (b) information about the competent and other authorities’ measures to prosecute the content providers or other persons, where applicable, following the removal or disabling of access of terrorist content; (c) number of pieces of terrorist content removed or to which access has been disabled, following removal orders, referrals pursuant to Article 4(1) (m) of Regulation (EU) 2016/794, and additional measures, respectively; (d) number of removals that have led to the successful detection, investigation and prosecution of terrorist offences; (e) number of pieces of alleged terrorist content which had to be made available again following a redress; (f) number of pieces of alleged terrorist content which were not removed pursuant to paragraphs 7 and 8 of Article 4, and the grounds for not removing them (g) overview and outcome of redress procedures.
Amendment 572 #
Proposal for a regulation Article 9 – title Safeguards regarding
Amendment 573 #
Proposal for a regulation Article 9 – title 9 Safeguards regarding the
Amendment 574 #
Proposal for a regulation Article 9 – title Safeguards regarding the
Amendment 575 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers use
Amendment 576 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers
Amendment 577 #
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, notably systematic human oversight for the first removal of a content, to 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 578 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers use automated tools
Amendment 579 #
Proposal for a regulation Article 9 – paragraph 1 1. Where hosting service providers
Amendment 58 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and in proportion to the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help
Amendment 580 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 581 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and verifications
Amendment 582 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and
Amendment 583 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and
Amendment 584 #
Proposal for a regulation Article 9 – paragraph 2 2. Safeguards shall consist, in particular, of human oversight and
Amendment 585 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. Content providers, whose content has been removed or access to which has been disabled following a removal order, shall have a right to an effective remedy. Member States shall put in place effective procedures for exercising this right.
Amendment 586 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. Hosting services providers shall perform periodic review of their exercise of duty of care.
Amendment 587 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and easily accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of
Amendment 588 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish an effective and accessible complaint mechanism
Amendment 589 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish an effective and accessible complaint mechanism
Amendment 59 #
Proposal for a regulation Recital 3 (3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers
Amendment 590 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and accessible
Amendment 591 #
Proposal for a regulation Article 10 – paragraph 1 1. Hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a
Amendment 592 #
Proposal for a regulation Article 10 – paragraph 2 2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or
Amendment 593 #
Proposal for a regulation Article 10 – paragraph 2 2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal
Amendment 594 #
Proposal for a regulation Article 10 – paragraph 2 2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal
Amendment 595 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 596 #
2a. Notwithstanding the provisions of Article 10 (1) and (2), the complaint mechanism of the hosting service providers shall be complementary to the applicable laws and procedures of the Member State in regard to the right to judicial review.
Amendment 597 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. Notwithstanding the provisions of paragraphs 1 and 2, the complaint mechanism of the hosting service providers shall be complementary to the applicable laws and procedures of the Member State in regard to the right to judicial review.
Amendment 598 #
Proposal for a regulation Article 10 – paragraph 2 a (new) Amendment 599 #
Proposal for a regulation Article 10 a (new) Article 10 a 3. Notwithstanding the provisions of Article 10 (1) and (2), the complaint mechanism of the hosting service providers shall be complementary to the applicable laws and procedures of the Member State in regard to the right to judicial review
Amendment 60 #
Proposal for a regulation Recital 3 (3) The presence of illegal terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers
Amendment 600 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers remove
Amendment 601 #
Proposal for a regulation Article 11 – paragraph 1 1. Where hosting service providers removed illegal terrorist content
Amendment 602 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 603 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 604 #
Proposal for a regulation 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 shall provide him or her with a copy of the removal order issues according to Article 4 upon request.
Amendment 605 #
Proposal for a regulation 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 606 #
Proposal for a regulation Article 11 – paragraph 2 2.
Amendment 607 #
Proposal for a regulation Article 11 – paragraph 3 3. The obligation pursuant to paragraph
Amendment 608 #
Proposal for a regulation Article 11 – paragraph 3 3. The obligation pursuant to paragraph
Amendment 609 #
Proposal for a regulation Article 11 – paragraph 3 3. The obligation pursuant to paragraph
Amendment 61 #
Proposal for a regulation Recital 4 (4)
Amendment 610 #
Proposal for a regulation Article 11 a (new) Article 11 a Right to a judicial remedy 1. Member States shall provide for the possibility of seeking effective remedy against any decision taken in accordance to Article 4 and Article 10(2). This shall consist, in particular, of the possibility for hosting service providers as well as content providers to appeal such decisions before a court or a judicial authority other than the competent authority. 2. Where the hosting service provider or the content provider launch an appeal against a removal order or a proactive measure, the appealed order or decision shall be suspended until the final decision taken by the judicial authority.
Amendment 611 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall ensure that their competent authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this Regulation, with strong guarantees of independence.
Amendment 612 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this
Amendment 613 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall ensure that their competent authorit
Amendment 614 #
Proposal for a regulation Article 12 a (new) Article 12 a Judicial Redress Member States shall ensure that in cases where content has been removed or access to it has been disabled as a result of a removal order pursuant to Article 4 of this Regulation, a referral pursuant to Article 4(1) (m) of Regulation (EU) 2016/794, or additional measures pursuant to Article 6 of this Regulation, the content provider concerned can initiate judicial proceedings at any time requesting re- instatement of the content. Initiation of judicial proceedings shall not be conditional on the initiation of complaint mechanisms referred to in Article 10.
Amendment 615 #
Proposal for a regulation Article 13 – title Cooperation between hosting service providers
Amendment 616 #
Proposal for a regulation Article 13 – title 13 Cooperation between hosting service providers, competent authorities and where appropriate
Amendment 617 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other
Amendment 618 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with
Amendment 619 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with
Amendment 62 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist illegal content online commenced in 2015 through a framework of voluntary
Amendment 620 #
Proposal for a regulation Article 13 – paragraph 1 1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevant Union bodies such as Europol with regard to removal orders
Amendment 621 #
Proposal for a regulation Article 13 – paragraph 2 2. Competent authorities in Member States shall inform, coordinate and cooperate with the competent authority referred to in Article 17(1)
Amendment 622 #
Proposal for a regulation Article 13 – paragraph 2 2. Competent authorities in Member States shall inform, coordinate and cooperate with the competent authority referred to in Article 17(1)(c) and (d) with regard to measures taken pursuant to Article 6 and enforcement actions pursuant to Article 18. Member States shall make sure that the competent authority referred to in Article 17(1)(c) and (d) is in possession of all the relevant information. For that purpose, Member States shall provide for the appropriate and secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner.
Amendment 623 #
Proposal for a regulation Article 13 – paragraph 2 2. Competent authorities in Member States shall inform, coordinate and cooperate with the competent authority referred to in Article 17(1)(c) and (d) with regard to voluntary measures taken pursuant to Article 6 and enforcement actions pursuant to Article 18. Member States shall make sure that the competent authority referred to in Article 17(1)(c) and (d) is in
Amendment 624 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3.
Amendment 625 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3. Member States and hosting service providers
Amendment 626 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3. Member States and hosting service providers may choose to make use of dedicated tools, including,
Amendment 627 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 628 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 629 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 63 #
Proposal for a regulation Recital 4 (4)
Amendment 630 #
Proposal for a regulation Article 13 – paragraph 3 – point b Amendment 631 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 632 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 633 #
Proposal for a regulation Article 13 – paragraph 3 – point c Amendment 634 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of
Amendment 635 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers become aware of any evidence of terrorist offences
Amendment 636 #
Proposal for a regulation Article 13 – paragraph 4 4. Where hosting service providers
Amendment 637 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers exposed to terrorist content and receiving removal orders shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to Articles 4 and 5. They shall ensure that this information is made publicly available.
Amendment 638 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by
Amendment 639 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers shall establish a point of contact allowing for the receipt of removal orders
Amendment 64 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online
Amendment 640 #
Proposal for a regulation Article 14 – paragraph 1 1. Hosting service providers shall establish a point of contact allowing for the receipt of removal orders
Amendment 641 #
Proposal for a regulation Article 14 – paragraph 2 2. The information referred to in paragraph 1 shall specify the official language or languages (s) of the Union, as referred to in Regulation 1/58, in which the contact point can be addressed and in which further exchanges in relation to removal orders and referrals pursuant to Articles 4
Amendment 642 #
Proposal for a regulation Article 14 – paragraph 2 2. The information referred to in paragraph 1 shall specify the official language or languages (s) of the Union, as referred to in Regulation 1/58, in which the contact point can be addressed and in which further exchanges in relation to removal orders
Amendment 643 #
Proposal for a regulation Article 14 – paragraph 2 2. The information referred to in paragraph 1 shall specify the official language or languages (s) of the Union, as referred to in Regulation 1/58, in which the contact point can be addressed and in which further exchanges in relation to removal orders
Amendment 644 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall establish a singular point of contact to handle requests for clarification and feedback in relation to removal orders
Amendment 645 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders
Amendment 646 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders
Amendment 647 #
Proposal for a regulation Article 15 – paragraph 1 1. The Member State
Amendment 648 #
Proposal for a regulation 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
Amendment 649 #
Proposal for a regulation Article 15 – paragraph 2 2. Where a hosting service provider fails to designate a legal representative, all Member States shall have jurisdiction. Where a Member State decides to exercise this jurisdiction, it shall inform all other Member States.
Amendment 65 #
Proposal for a regulation Recital 4 (4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework uniformly applicable in all EU Member States in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by the Commission Recommendation (EU) 2018/3347 and responds to calls made by the European Parliament to strengthen measures to tackle illegal and harmful content and by the European Council to improve the automatic detection and removal of content that incites to terrorist acts.
Amendment 650 #
Proposal for a regulation Article 15 – paragraph 2 2. Where a hosting service provider which does not have its main establishment within one of the Member States fails to designate a legal representative, all Member States shall have jurisdiction.
Amendment 651 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 652 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 653 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 654 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 655 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 656 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. An appeal as referred to in Article 4(9) shall be lodged with the court of the Member State where the hosting provider has its main establishment or where the legal representative designated by the hosting service provider pursuant to Article 16 resides or is established.
Amendment 657 #
Proposal for a regulation Article 16 – paragraph 1 1. A hosting service provider which does not have an establishment in the Union but offers services in the Union, shall designate, in writing, a legal or natural person as its legal representative in the Union for the receipt of, compliance with and enforcement of removal orders
Amendment 658 #
Proposal for a regulation Article 16 – paragraph 1 1. A hosting service provider which does not have an establishment in the Union but offers services in the Union, shall designate, in writing, a legal or
Amendment 659 #
Proposal for a regulation Article 16 – paragraph 1 1. A hosting service provider which does not have an establishment in the Union but offers services in the Union, shall designate, in writing, a legal or natural person as its legal representative in the Union for the receipt of, compliance with and enforcement of removal orders
Amendment 66 #
Proposal for a regulation Recital 5 (5) Th
Amendment 660 #
Proposal for a regulation Article 16 – paragraph 2 2. The hosting service provider shall entrust the legal representative with the receipt, compliance and enforcement of the removal orders
Amendment 661 #
Proposal for a regulation Article 16 – paragraph 2 2. The hosting service provider shall entrust the legal representative with the receipt, compliance and enforcement of the removal orders,
Amendment 662 #
Proposal for a regulation Article 16 – paragraph 2 2. The hosting service provider shall entrust the legal representative with the receipt, compliance and enforcement of the removal orders
Amendment 663 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the independent and impartial public authority or authorities competent to
Amendment 664 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate
Amendment 665 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the judicial authority or judicial authorities competent to
Amendment 666 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate
Amendment 667 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the judicial authority or authorities competent to
Amendment 668 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the
Amendment 669 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Each Member State shall designate the authority
Amendment 67 #
Proposal for a regulation Recital 5 (5) Th
Amendment 670 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 671 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 672 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 673 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 674 #
Proposal for a regulation Article 17 – paragraph 1 – point c Amendment 675 #
Proposal for a regulation Article 17 – paragraph 1 – point c Amendment 676 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) oversee the implementation of voluntary proactive measures pursuant to Article 6;
Amendment 677 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) oversee the implementation of
Amendment 678 #
Proposal for a regulation Article 17 – paragraph 2 2. By [six months after the entry into force of this Regulation] at the latest Member States shall notify the Commission of the competent authorities referred to in paragraph 1. The Commission shall set up an online register listing all these competent authorities. The Commission shall publish the notification and any modifications of it in the Official Journal of the European Union.
Amendment 679 #
Proposal for a regulation 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 68 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8
Amendment 680 #
Proposal for a regulation Article 17 a (new) Amendment 681 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall lay down the rules on penalties applicable to systematic and ongoing breaches of the obligations by hosting service providers under this Regulation and shall take all necessary measures to ensure that they are implemented. Such penalties shall be limited to infringement of the obligations pursuant to:
Amendment 682 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall lay down the rules on penalties applicable to systematic and ongoing breaches of the obligations by hosting service providers under this Regulation and shall take all necessary measures to ensure that they are implemented. Such penalties shall be limited to infringement of the obligations pursuant to:
Amendment 683 #
Proposal for a regulation Article 18 – paragraph 1 – point a Amendment 684 #
Proposal for a regulation Article 18 – paragraph 1 – point a Amendment 685 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 686 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 687 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 688 #
Proposal for a regulation Article 18 – paragraph 1 – point c Amendment 689 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 69 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any voluntary proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
Amendment 690 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 691 #
Proposal for a regulation Article 18 – paragraph 1 – point d Amendment 692 #
Proposal for a regulation Article 18 – paragraph 1 – point d (d) Article 6(2)
Amendment 693 #
Proposal for a regulation Article 18 – paragraph 1 – point d (d) Article 6(2) and (
Amendment 694 #
Proposal for a regulation Article 18 – paragraph 1 – point e Amendment 695 #
Proposal for a regulation Article 18 – paragraph 1 – point g (g) Article 9 (safeguards in relation to
Amendment 696 #
Proposal for a regulation Article 18 – paragraph 1 – point j Amendment 697 #
Proposal for a regulation Article 18 – paragraph 1 – point l a (new) (la) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation by the competent authorities and shall take all measures necessary to ensure that they are implemented.
Amendment 698 #
Proposal for a regulation Article 18 – paragraph 2 2. The penalties provided for, pursuant to paragraphs 1 and 1a shall be effective, proportionate and dissuasive. Member States shall, by [within
Amendment 699 #
Proposal for a regulation Article 18 – paragraph 3 – introductory part 3. Member States shall ensure that, when determining the type and level of penalties,
Amendment 70 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 and 15 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any
Amendment 700 #
Proposal for a regulation Article 18 – paragraph 3 – point a (a) the nature, gravity, and duration of
Amendment 701 #
Proposal for a regulation Article 18 – paragraph 3 – point b (b) the intentional or negligent character of the
Amendment 702 #
Proposal for a regulation Article 18 – paragraph 3 – point c (c) previous
Amendment 703 #
Proposal for a regulation Article 18 – paragraph 3 – point d (d) the financial strength of the legal person held liable
Amendment 704 #
Proposal for a regulation Article 18 – paragraph 3 – point d (d) the size of the enterprise, the capacity and the financial strength of the legal or natural person held liable;
Amendment 705 #
Proposal for a regulation Article 18 – paragraph 3 – point d (d) the
Amendment 706 #
Proposal for a regulation Article 18 – paragraph 3 – point d a (new) (da) the size and operational capabilities of the hosting service provider in question;
Amendment 707 #
Proposal for a regulation Article 18 – paragraph 3 – point e a (new) (ea) the nature and size of the hosting service providers, in particular for microenterprises or small-sized enterprises within the meaning of Commission recommendation 2003/361/EC.
Amendment 708 #
Proposal for a regulation Article 18 – paragraph 3 – point e a (new) (ea) reports sent by hosting service providers when they have been unable to execute a removal order on time.
Amendment 709 #
Proposal for a regulation Article 18 – paragraph 3 – point e a (new) (ea) the technical and organisational capabilities of the hosting service provider to react in time.
Amendment 71 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service
Amendment 710 #
Proposal for a regulation Article 18 – paragraph 3 – subparagraph 1 (new) In justified cases, the competent authority may suspend or mitigate the penalty.
Amendment 711 #
Proposal for a regulation Article 18 – paragraph 3 – point e b (new) (eb) the economic and technical capacity of the hosting service providers.
Amendment 712 #
Proposal for a regulation Article 18 – paragraph 4 Amendment 713 #
Proposal for a regulation Article 18 – paragraph 4 4. Member States shall ensure that a systematic and ongoing 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.
Amendment 714 #
Proposal for a regulation Article 18 – paragraph 4 a (new) 4a. Members States shall take into consideration the specificities of micro or small enterprises within the meaning of the Commission recommendation 2003/361/EC, when determining penalties.
Amendment 715 #
Proposal for a regulation Article 19 – title Technical requirements, criteria for assessing significance, and amendments to the templates for removal orders
Amendment 716 #
Proposal for a regulation Article 19 – paragraph 1 a (new) 1a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 in order to complement this Regulation with criteria and figures to be used by competent authorities for determining what corresponds to a significant number of uncontested removal orders as referred to in this Regulation.
Amendment 717 #
Proposal for a regulation Article 21 – paragraph 1 – point a (a) information about the number of removal orders
Amendment 718 #
Proposal for a regulation Article 21 – paragraph 1 – point a (a) information about the number of removal orders and referrals issued, the number of pieces of illegal terrorist content which has been removed or access to it disabled, including the corresponding timeframes pursuant to Article
Amendment 719 #
Proposal for a regulation Article 21 – paragraph 1 – point a (a) information about the number of removal orders and referrals issued, the number of pieces of terrorist content which has been removed or access to it disabled, including the corresponding timeframes pursuant to Article
Amendment 72 #
Proposal for a regulation Recital 5 (5) The application of this Regulation should not affect the application of Articles 14 and 15 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation
Amendment 720 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information
Amendment 721 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information about the specific
Amendment 722 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b) information about the specific
Amendment 723 #
Proposal for a regulation Article 21 – paragraph 1 – point b a (new) (ba) information about the number of access requests issued by national competent authorities regarding content preserved by the hosting service providers pursuant to Article 7;
Amendment 724 #
Proposal for a regulation Article 21 – paragraph 1 – point d (d) information about the number of redress procedures initiated pursuant to Article 11a and decisions taken by the competent authority in accordance with national law.
Amendment 725 #
Proposal for a regulation Article 21 – paragraph 1 – point d (d) information about the number of redress procedures initiated pursuant to Article 12a and decisions taken by the competent authority in accordance with national law.
Amendment 726 #
Proposal for a regulation 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
Amendment 727 #
Proposal for a regulation 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
Amendment 728 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 729 #
Proposal for a regulation 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
Amendment 73 #
Proposal for a regulation Recital 6 (6) Rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market, providing a maximum degree of protection for users, thereby boosting their confidence, are set out in this Regulation in full respect of the fundamental rights protected in the Union’s legal order and notably those guaranteed in the Charter of Fundamental Rights of the European Union.
Amendment 730 #
Proposal for a regulation 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.
Amendment 731 #
Proposal for a regulation Article 23 – paragraph 1 No sooner than [three years from the date of application of this
Amendment 732 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [
Amendment 733 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [
Amendment 734 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [
Amendment 735 #
Proposal for a regulation 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,
Amendment 736 #
Proposal for a regulation Annex I – paragraph 2 In accordance with Article 7 of Regulation (EU) ….17 , addressees must preserve content and related data, which has been removed or access to it disabled, for six months or longer upon request from the competent authorities or courts. Addressees must delete the content and related data immediately thereafter. _________________ 17Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online (OJ L …).
Amendment 737 #
Proposal for a regulation Annex I – section A – paragraph 7 Amendment 738 #
Proposal for a regulation Annex I – section B – title B Content to be removed or access to
Amendment 739 #
Proposal for a regulation Annex I – section B – paragraph 3 – introductory part Reason(s) explaining why the content is considered terrorist content, in accordance with Article 2 (5) of the Regulation (EU) xxx
Amendment 74 #
Proposal for a regulation Recital 6 (6) Rules to
Amendment 740 #
Proposal for a regulation Annex I – section B – paragraph 3 – subparagraph 1 Amendment 741 #
Proposal for a regulation Annex I – section B – paragraph 3 – subparagraph 2 Amendment 742 #
Proposal for a regulation Annex I – section B – paragraph 3 – subparagraph 3 Amendment 743 #
Proposal for a regulation Annex I – section B – paragraph 3 – subparagraph 4 Amendment 744 #
Proposal for a regulation Annex I – section B – paragraph 4 Amendment 745 #
Proposal for a regulation Annex I – section C – paragraph 1 – subparagraph 1 [ ] for reasons of
Amendment 746 #
Proposal for a regulation Annex I – section C – paragraph 2 Otherwise: Details and deadlines of possibilities to contest the removal order in the issuing Member State (which
Amendment 747 #
Proposal for a regulation Annex I – section D Amendment 748 #
Proposal for a regulation Annex I – section E – paragraph 1 – subparagraph 1 [ ] judge
Amendment 749 #
Proposal for a regulation Annex I – section E – paragraph 1 – subparagraph 2 Amendment 75 #
Proposal for a regulation Recital 6 (6) Rules to prevent the misuse of hosting services for the dissemination of illegal terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this Regulation
Amendment 750 #
Proposal for a regulation Annex I – section E – paragraph 1 – subparagraph 3 Amendment 751 #
Proposal for a regulation Annex I – section F – paragraph 3 Amendment 752 #
Proposal for a regulation Annex III – section B – point i – paragraph 3 – indent 1 (new) - Impossibility for the hosting service provider to execute the order for technical or practical reasons
Amendment 753 #
Proposal for a regulation Annex III – section B – point i – paragraph 3 a (new) [ ] the removal order does not sufficiently establish the illegality of the content
Amendment 76 #
Proposal for a regulation Recital 6 (6) Rules to
Amendment 77 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the rule of law and the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information and the rights to privacy and the protection of personal data, which constitute
Amendment 78 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the right to freedom of expression and information as well as the right to privacy, which constitute
Amendment 79 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into
Amendment 80 #
Proposal for a regulation Recital 7 (7) This Regulation seeks to contribute
Amendment 81 #
Proposal for a regulation Recital 7 (7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the
Amendment 82 #
Proposal for a regulation Recital 7 (7) This
Amendment 83 #
Proposal for a regulation 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 84 #
Proposal for a regulation Recital 7 a (new) (7 a) Measures taken to remove terrorist content online should be targeted, necessary, appropriate and proportionate.
Amendment 85 #
Proposal for a regulation 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
Amendment 86 #
Proposal for a regulation 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 87 #
Proposal for a regulation 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. Moreover, hosting service providers should have the right to contest a decision imposing proactive measures or penalties before the court of the Member State whose authorities have adopted the decision.
Amendment 88 #
Proposal for a regulation 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
Amendment 89 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council
Amendment 90 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of illegal terrorist content online, this Regulation should establish a definition of illegal terrorist content
Amendment 91 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this
Amendment 92 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities
Amendment 93 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the
Amendment 94 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic
Amendment 95 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist
Amendment 96 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of any kind of views which can be perceived as radical, polemic or controversial
Amendment 97 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that
Amendment 98 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist
Amendment 99 #
Proposal for a regulation Recital 9 (9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes
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