Activities of Josef WEIDENHOLZER related to 2018/0331(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online PDF (577 KB) DOC (263 KB)
Amendments (195)
Amendment 36 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventing the dissemination of terrorist content online A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 38 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 11483 thereof, (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 41 #
Proposal for a regulation
Recital 1
Recital 1
(1) This RegulationDirective aims at ensuring the smooth funprotectioning of the digital single marketpublic security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights in an open and democratic society, by preventing the misuse of hosting services for spreading terrorist purposescontent. 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.for the protection of fundamental rights, including the freedom of expression and information, as well as the respect for private and family life and the protection of personal data. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)
Amendment 42 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misabuse of hosting services for terrorist purposehe purposes of disseminating illegal terrorist content, by content providers. 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 informationfor the protection of fundamental rights, including the freedom of expression and freedom to receive and impart information, as well as the respect for private life and the protection of personal data.
Amendment 52 #
Proposal for a regulation
Recital 2
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 misuseabuse of the services of hosting service providers by terrorist groups and their supporters to disseminate illegal terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 59 #
Proposal for a regulation
Recital 3
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 responsibilcould support competent judicial authorities to protect their services from misbeing used by terrorists and to help tackle terrorist content disseminated through their services. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)
Amendment 60 #
Proposal for a regulation
Recital 3
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 responsibilcould support competent authorities toby protecting their services from misabuse by terrorists and to help tackle illegal terrorist content disseminated through their services.
Amendment 62 #
Proposal for a regulation
Recital 4
Recital 4
(4) Efforts at Union level to counter terrorist illegal 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 voluntarythose 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. _________________ 7Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 72 #
Proposal for a regulation
Recital 5
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, 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. 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 and 15 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 75 #
Proposal for a regulation
Recital 6
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 inand should fully respect of the fundamental rights protectas outlined in the Union’s legal order and notably those guaranteed in the Charter of Fundamental Rights of the European Union.
Amendment 80 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation seeks to contributes to the protection of public security whileand should 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 informationfreedom to receive and impart information, as well as the respect for private life and the protection of personal data, which constitutes one of the essential foundations of a pluralist, democratic society, and is one ofare among the values on which the Union is founded. Measures constituting an interference inwith the freedom of expression and freedom to receive and impart information should be strictly proportionate and necessary, narrowly targeted, in the sense that they must serve to prevent the dissemination of illegal terrorist content, but only, and without thereby affecting the right to lawfully receive and impart information, 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 82 #
Proposal for a regulation
Recital 7
Recital 7
(7) This RegulationDirective 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 respect for private and family life and the protection of personal data, which constitutes one of the essential foundations of a pluralist, democratic society, and is one ofare among the values on which the Union is founded. Measures constituting interference inwith 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, 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 84 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Measures taken to remove terrorist content online should be targeted, necessary, appropriate and proportionate.
Amendment 90 #
Proposal for a regulation
Recital 9
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 for preventative purposes drawingbased 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 harmfuillegal terrorist propagandacontent online, the definition should capture material and information that intentionally 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 groupwhen and insofar as they are committed with a specific terrorist aim, namely to seriously intimidate a population, to unduly compel a government or an international organisation to perform or abstain from performing any act, or to seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation. 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 or the respect for other fundamental rights, including the right to freedom of speech, and the rights to privacy and family life and to the protection of personal data. 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 radical, polemic or controversial views in the public debate on sensitive political questions should not be consideredfalls outside the scope of this Regulation and, in particular, of the definition of public provocation to commit terrorist contentoffences. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 91 #
Proposal for a regulation
Recital 9
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 RegulationDirective should establish a definition of terrorist content for preventative purposes drawingbased 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 propagandaterrorist content online, the definition should capture material and information that intentionally 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 groupwhen and insofar as they are committed with a specific terrorist aim, namely to seriously intimidate a population, to unduly compel a government or an international organisation to perform or abstain from performing any act, or to seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this RegulationDirective, 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 or the respect for other fundamental rights, including the right to freedom of speech, and the rights to private and family life and to the protection of personal data. 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 radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6), falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 105 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this RegulationDirective 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 naturee public. 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 Regulatione public. The Directive 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 RegulationDirective.
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 third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature.e public, 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 reviewse public. 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 illegal 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 112 #
Proposal for a regulation
Recital 11
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 a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering goods or services. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from providing local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities towards one or more Member State as set out in Article 17(1)(c) of Regulation 1215/2012 of the European Parliament and of the Council10 . On the other hand, provision of the service in view of mere compliance with the prohibition to discriminate laid down in Regulation (EU) 2018/302 of the European Parliament and of the Council11 cannot, on that ground alone, be considered as directing or targeting activities towards a given territory within the Union. _________________ 10 Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 11Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 601, 2.3.2018, p. 1).
Amendment 116 #
Proposal for a regulation
Recital 12
Recital 12
(12) Hosting service providers should apply certain duties of care, in order to prevent theaddress the abuse of their services for the purposes of dissemination of illegal terrorist content on their serviceby content providers. 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 terroristillegal. The removal or disabling of access has to be undertaken in the observance of freedom of expression and freedom to receive and impart information.
Amendment 118 #
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal 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 illegal terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that illegal 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 Unionwithout undue delay after receiving the removal order.
Amendment 133 #
Proposal for a regulation
Recital 14
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, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules regarding protectingon of 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 135 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 138 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 139 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 150 #
Proposal for a regulation
Recital 17
Recital 17
(17) When putting in place proactive measuexercising duty of cares, hosting service providers should ensure that users’ right to freedom of expression and information - including to freelyfreedom to receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, and protection of privacy, the hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate,as well as periodic review of actions taken to avoid any unintended and erroneous decisionpractices leading to removal of content that is not illegal 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 righe hosting service providers should also ensure that their exercising due care does not produce disproportionate, discriminatory, untargeted, unspecific or unjustified effects.
Amendment 152 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 153 #
Proposal for a regulation
Recital 18
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, 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 economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union) by content providers, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the measures taken.
Amendment 161 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 162 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 171 #
Proposal for a regulation
Recital 20
Recital 20
(20) The obligation on hosting service providers to preserve removed content and related data, should be laid down for specific purposes and limited in time to what is necessary. There isfor the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary, but generally not exceeding six months. Where there is legitimate need to extend the preservation requirement to related data, it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question. Related data can include data such as ‘subscriber data’, including in particularshould be limited to ‘subscriber data’, i.e. data pertaining to the identity of the content provider as well as ‘access data’, including for instance.e. data about the date and time of use by the content provider, or the log-in to and log- off from the service, together with the IP address allocated by the internet access service provider to the content provider.
Amendment 172 #
Proposal for a regulation
Recital 20
Recital 20
(20) The obligation on hosting service providers to preserve removed content and related data, should be laid down for specific purposes and limited in time to what is necessary. There isfor the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary, but generally not exceeding six months. Where there is legitimate need to extend the preservation requirement to related data, it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question. Related data can include data such as ‘subscriber data’, including in particularshould be limited to ‘subscriber data’, i.e. data pertaining to the identity of the content provider as well as ‘access data’, including for instance.e. data about the date and time of use by the content provider, or the log-in to and log- off from the service, together with the IP address allocated by the internet access service provider to the content provider.
Amendment 173 #
Proposal for a regulation
Recital 21
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. 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. 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 that is likely to have a link with terrorist offences, and can therefore contribute to prosecuting terrorist offences or to preventing serious risks to public security.
Amendment 177 #
Proposal for a regulation
Recital 22
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 casefor the sole case that 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 189 #
Proposal for a regulation
Recital 24
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 194 #
Proposal for a regulation
Recital 25
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 on other grounds.
Amendment 197 #
Proposal for a regulation
Recital 26
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 necessarilyUsually this requires a clear notification to the content provider. Depending on theIn exceptional circumstances, hosting service providers may replace content which is considered illegal terrorist content, first with a message that it has been removed or disabled in accordance with this Regulation. Further information about the reasons as well asfor the removal, as well as a copy of the removal order and information of the possibilities for the content provider to contest the decision should be given upon requestbefore a court should be provided with the notification. Where competent authorities decide that for reasons of public security including in the context of an investigation, when it is proportionate and necessary to do so, 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 201 #
Proposal for a regulation
Recital 27
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 or sending referrals to hosting service providers. In implementing the provisions of this Regulation, Europol could provide support in line with its current mandate and existing legal framework.
Amendment 206 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure the effective and sufficiently coherent implementation of proactive measurthe adoption of rules on penalties, as well as the implementation and the enforcement of penalties, competent authorities in Member States should liaise with each other with regard to the discussions they have with hosting service providers as to the identification, implementation and assessment of specific proactive measures. Similarly, such cooperation is also needed in relation to the adoption of rules on penalties, as well as the implementation and the enforcement of penalties.
Amendment 211 #
Proposal for a regulation
Recital 29
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 should ensure appropriate and secure communication channels and mechanisms allowing the sharing of relevant information in a timely manner.
Amendment 215 #
Proposal for a regulation
Recital 31
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 potential victim of the offence or the target location of the terrorist act. In case of doubt, hosting service providers may transmit the information to Europol which should follow up according to its mandate, including forwarding to the relevant national authorities.
Amendment 216 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 220 #
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.
Amendment 225 #
Proposal for a regulation
Recital 34
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 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 229 #
Proposal for a regulation
Recital 37
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.
Amendment 239 #
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically failrefuses to remove illegal terrorist content or disable access to it within one hourwithout undue delay from the 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 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 illegal terrorist content.
Amendment 250 #
Proposal for a regulation
Recital 42
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 efficiencnecessity and proportionality, 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 illegal terrorist content, the effectiveness of the safeguard mechanisms as well as the impacts on potentially affectedto the affected fundamental rights and interests of third partieindividuals, including a review of the requirement to inform content providers.
Amendment 253 #
Proposal for a regulation
Recital 43
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 of the limitation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down uniform rules to preventaddress the misuse of hosting services for the dissemination of illegal terrorist content online. It lays down in particular:
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This RegulationDirective lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on duties of care to be applied by hosting service providers in order to prevent theaddress the public dissemination of illegal terrorist content through their services and ensure, where necessary, its swift removal following a removal order;
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
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, and hosting service providers and where appropriate relevant Union bodies.
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
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 279 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
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)
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 283 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
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)
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 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
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 third partiese public;
Amendment 293 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage ofthat stores information provided by and at the request of the content provider and in makingmakes the information stored available to third partiese public;
Amendment 296 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
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
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 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
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 hasand having a substantial connection to that Member State or Member States, such as
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offenceintentional acts as defined in Article 3(1) of Directive (EU) 2017/541, where committed with one of the aims listed in Article 3(2) of Directive (EU) 2017/541;
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offenceintentional acts as defined in Article 3(1), and where committed with one of the aims listed in Article 3 (2) of Directive (EU) 2017/541;
Amendment 312 #
(5) 'illegal terrorist content' means one or more of the following informationinformation, which, in a manifest manner:
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following informationinformation, which, in a manifest manner:
Amendment 317 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying,tentionally incites or advocates the commission of terrorist offences, thereby causing a clear danger that such actsone or more such offences may be committed;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying,tentionally incites or advocates the commission of terrorist offences, thereby causing a clear danger that such acts be committed;
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) intentionally promotinges the activities of a terrorist group subject to Common Position 2001/931/CFS, in particular by eincouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541; iting, soliciting or advocating persons or a group of persons to participate in the activities of a terrorist group, including by supplying information or material ressources, or by funding its activities in any way;
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) intentionally promotinges the activities of a terrorist group, in particular by encouraging the subject to Common Position 2001/931/CFS, in particular by inciting, soliciting or advocating persons or groups of persons to participatione in or support tothe activities of a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541, including by supplying information or material resources, or by funding its activities in any way;
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
(d) instructing ontentionally instructs 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 purposes of committing, or contributing to the commission of, terrorist offences.
Amendment 338 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
(d) instructing ontentionally instructs 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 purposes of committing, or contributing to the commission of terrorist offences.
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content available to third partiese public on the hosting service providers’ services; with the clear intent to incite, commit, or contribute to the commission of, a terrorist offence, excluding the dissemination of information for educational, journalistic, artistic or research purposes;
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third partiese public on the hosting service providers’ services with the clear intent to incite, commit, or contribute to the commission of, a terrorist offence, excluding the dissemination of information for educational, journalistic, artistic or research purposes;
Amendment 352 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
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)
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)
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)
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
Article 2 – paragraph 1 – point 8
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
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 366 #
Proposal for a regulation
Article 3 – paragraph 1
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- 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 freedom to receive and impart information and ideas in an open and democratic society. .
Amendment 367 #
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this RegulationDirective, against the use of their services for the purposes of dissemination of terrorist content by content providers 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 freedom to receive and impart information in an open and democratic society.
Amendment 370 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
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)
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 375 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Hosting service providers shall include in their terms and conditions, and apply, provisions to prevent the the prohibition of dissemination of illegal terrorist content..
Amendment 376 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Hosting service providers shall include in their terms and conditions, and apply, provisions to prevent the the prohibition of dissemination of terrorist content.
Amendment 377 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
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)
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 382 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove illegal terrorist content or disable access to it.
Amendment 385 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 393 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal orderwithout undue delay.
Amendment 394 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove illegal terrorist content or disable access to it within one hour from receipt of the removal orderwithout undue delay .
Amendment 397 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
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
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 401 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a statement of reasons explaining why the content is considered illegal terrorist content, at least, bynd a specific reference to the categories of terrorist content listed in Article 2(5);
Amendment 405 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) athe precise Uniform Resource Locator (URL) and, where necessary, additional information enabling the identification of the content referred;
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
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 411 #
Proposal for a regulation
Article 4 – paragraph 3 – point g
Article 4 – paragraph 3 – point g
(g) where relevantnecessary and proportionate, the decision not to disclose information about the removal of illegal terrorist content or the disabling of access to it referred to in Article 11.
Amendment 417 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Upon request by the hosting service provider or by the content provider, the competent authority shall provide a detailed statement of reasonscopy of the removal order including a detailed statement of reasons, and any information about the available legal remedies to appeal against removal orders before a court, 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 427 #
Proposal for a regulation
Article 4 – paragraph 6
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 or disabling access to it, indicating, in particular, the time of action, using the template set out in Annex II.
Amendment 433 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. If the hosting service provider cannotrefuses to comply with the removal order because the removal order contains manifest errors, does not sufficiently establish the illegal nature of the content, 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 438 #
9. The competent authority which issued the removal order shall inform the competent authority which oversees the implementation of proactive measures, referred to in Article 17(1)(c) when the removal order becomes final. A removal order becomes final where it has not been appealed within the deadline according to the applicable national law or where it has been confirmed following an appeal.
Amendment 444 #
Proposal for a regulation
Article 5
Article 5
Amendment 448 #
Proposal for a regulation
Article 5
Article 5
Amendment 449 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 450 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 451 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 452 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 453 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 454 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 455 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 457 #
Proposal for a regulation
Article 6
Article 6
Amendment 459 #
Proposal for a regulation
Article 6
Article 6
Amendment 462 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 471 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 477 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
Amendment 485 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
Amendment 492 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 494 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 498 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 507 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 514 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 524 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Hosting service providers shall preserve illegal 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, 5 and 6 and related data removed as a consequence of the removal of the illegal terrorist content and which is solely necessary for:
Amendment 525 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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, 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for:
Amendment 526 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) proceedings of administrative or judicial review and remedy,
Amendment 529 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 531 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 536 #
Proposal for a regulation
Article 7 – paragraph 2
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 for a longer period only when and for as long as necessary for ongoing proceedings of administrative or judicial review or remedy referred to in paragraph 1(a).
Amendment 539 #
Proposal for a regulation
Article 7 – paragraph 2
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 541 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
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
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 545 #
Proposal for a regulation
Article 8 – paragraph 1
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, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools by content providers and to protect the users from illegal terrorist content.
Amendment 551 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers shall publishmake publicly available annual transparency reports on action taken against the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers.
Amendment 555 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
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 559 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
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 to which access has been disabled because it is considered to be, in cooperation with the administrative authorities, about the number of removals of content that has led to detection, investigation and prosecution of terrorist contentoffences;
Amendment 560 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
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, respectivelyfollowing removal orders,;
Amendment 566 #
Proposal for a regulation
Article 8 – paragraph 3 – point d
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
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 573 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Safeguards regarding the use and implementation of proactive measuexercise of duty of cares
Amendment 574 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Safeguards regarding the use and implementation of proactive measuexercise of duty of cares
Amendment 576 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hosting service providers use automated toolsexercise their duty of care 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 content considered to be illegal terrorist content, are accurate and well-founded.
Amendment 579 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hosting service providers use automated toolsexercise their duty of care pursuant to this RegulationDirective 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 content considered to be terrorist content, are accurate and well-founded.
Amendment 582 #
Proposal for a regulation
Article 9 – paragraph 2
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 of the relevant context is requireda detailed assessment in order to determine whether or not the content is to be considered terrorist content.
Amendment 584 #
Proposal for a regulation
Article 9 – paragraph 2
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 of the relevant context is requireda detailed assessment in order to determine whether or not the content is to be considered illegal terrorist content.
Amendment 586 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Hosting services providers shall perform periodic review of their exercise of duty of care.
Amendment 588 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Hosting service providers shall establish an effective and accessible complaint 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 589 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Hosting service providers shall establish an effective and accessible complaint 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 593 #
Proposal for a regulation
Article 10 – paragraph 2
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 of the receipt of the complaint. In the event where content was reinstated, this shall not preclude further judicial measures against the decision of the hosting service provider or of the relevant competent authority.
Amendment 594 #
Proposal for a regulation
Article 10 – paragraph 2
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 of the receipt of the complaint. In the event where content was reinstated, this shall not preclude further judicial measures against the decision of the hosting service provider or of the relevant competent authority.
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 599 #
Proposal for a regulation
Article 10 a (new)
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 601 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where hosting service providers removed illegal terrorist content or disable access to itpursuant to a removal order, they shall make available to the content provider information on the removal or disabling of access to terrorist contentcomprehensive information regarding the reasons for the removal of the content. This information shall include a copy of the removal order issued according to Article 4, the legal basis for the removal decision, as well as the possibility and procedures for contesting the decision, both with the hosting service provider, as well as with the competent authority.
Amendment 602 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 607 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The obligation pursuant to paragraphs 1 and 2 shall not apply where the competent authority decides, based on objective evidence and considering the proportionality and necessity of such decision, that there should be no disclosure for reasons of public security, such as the prevention, investigation, detection and prosecution of terrorist offences, for as long as necessary, but not exceeding [four] weeks from that decision. In such a case, the hosting service provider shall not disclose any information on the removal or disabling of access toto illegal terrorist content.
Amendment 612 #
Proposal for a regulation
Article 12 – paragraph 1
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 RegulationDirective.
Amendment 615 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Cooperation between hosting service providers, and competent authorities and where appropriate relevant Union bodies
Amendment 617 #
Proposal for a regulation
Article 13 – paragraph 1
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 and avoid interference with investigations in different Member States.
Amendment 621 #
Proposal for a regulation
Article 13 – paragraph 2
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, secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner.
Amendment 622 #
Proposal for a regulation
Article 13 – paragraph 2
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 625 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Member States and hosting service providers may choose toshall make use of dedicated tools, including, where appropriate, those established by relevant Union bodies such as Europol, to facilitate in particular:
Amendment 629 #
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
Amendment 630 #
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
Amendment 631 #
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 633 #
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 636 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where hosting service providers becomeobtain knowledge or awareness of any evidence of illegal terrorist offencescontent, 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 doubt, transmit this information to Europol for appropriate follow up.
Amendment 639 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 642 #
Proposal for a regulation
Article 14 – paragraph 2
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.
Amendment 644 #
Proposal for a regulation
Article 14 – paragraph 3
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 and referrals issued by them. Information about the contact point shall be made publicly available.
Amendment 651 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 654 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 657 #
Proposal for a regulation
Article 16 – paragraph 1
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, referrals, requests and decisions issued by the competent authorities on the basis of this Regulation. The legal representative shall reside or be established in one of the Member States where the hosting service provider offers the services.
Amendment 660 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The hosting service provider shall entrust the legal representative with the receipt, compliance and enforcement of the removal orders, referrals, requests and decisions referred to in paragraph 1 on behalf of the hosting service provider concerned. Hosting service providers shall provide their legal representative with the necessary powers and resources to cooperate with the competent authorities and comply with these decisions and orders.
Amendment 665 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the judicial authority or judicial authorities competent to
Amendment 668 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the authority orjudicial authoritiesy competent to
Amendment 671 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 673 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 674 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 675 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 680 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 682 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
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
Article 18 – paragraph 1 – point a
Amendment 685 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 688 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 689 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 691 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 697 #
Proposal for a regulation
Article 18 – paragraph 1 – point l a (new)
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
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 six18 months from the entry into force of this Regulation] at the latest, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 699 #
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. Member States shall ensure that, when determining the type and level of penalties, the competent authoritiesall relevant circumstances are taken into account all relevant circumstances, including:
Amendment 718 #
Proposal for a regulation
Article 21 – paragraph 1 – point a
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 Articles 4 and 5;
Amendment 720 #
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) information about the specific proactive measures taken pursuant to Article 6, including the amount of terrorist content which has been removed or access to it disabled and the corresponding timeframon the number of cases of successful detection, investigation and prosecution of terrorist offences;
Amendment 727 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of theand effectiveness of the safeguard mechanisms. WThe re appropriate, the report shall be accompanied by legislative proposalsport shall also cover the impact of this Regulation on freedom of expression and freedom to receive and impart information, as well as the rights to privacy and protection of personal data.. 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
Article 23 – paragraph 1
No sooner than [three years from the date of application of this RegulationDirective], the Commission shall carry out an evaluation of this RegulationDirective and submit a report to the European Parliament and to the Council on the application of this RegulationDirective including the functioning of the effectiveness of the safeguard mechanisms. WThe re appropriate, the report shall be accompanied by legislative proposalsport shall also cover the impact of this Directive on freedom of expression and information as well as the rights to private and family life and the protection of personal data. Member States shall provide the Commission with the information necessary for the preparation of the report.
Amendment 734 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [618 months after its entry into force].