35 Amendments of Marlene MIZZI related to 2018/0331(COD)
Amendment 55 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to 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 78 #
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the courtright 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 decision, including the removal orders or measures to impose penalties before the court or a competent judicial authority of the Member State, whose authorities issued the removal orderere they are established or have legal representative.
Amendment 86 #
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 Regulation should establish a definition of terrorist content for preventative purposes drawing onin line with 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 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).
Amendment 99 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to 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 104 #
Proposal for a regulation
Recital 13
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 within one hourpromptly and without undue delay 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 111 #
Proposal for a regulation
Recital 14
Recital 14
(14) TheMember States should take the necessary measures to ensure the prompt removal of terrorist content on their territory and to endeavour to obtain the removal of such content outside of their territory. These measures must be set by transparent procedures with adequate safeguards that hosting service providers and content providers are informed of the reason and justification, as to why the content is considered terrorist content. When seeking to remove terrorist content online outside of their territory the competent authority should send a request for removal order for assessment to the competent authority of the Member State, where the services are established or have legal representative. After assessing the request for removal order the relevant 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 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 . Together with the transmission of the removal order, the competent authority should inform the hosting service provider or content service provider of their rights to a judicial redress that can be exercised effectively in front of the relevant judicial authority of the Member State, where they are established or have legal representative. _________________ 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 122 #
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the 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, whose authorities issued the removal orderere they are established or have legal representative.
Amendment 125 #
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 Regulation should establish a definition of terrorist content for preventative purposes drawing onin line with 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 radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9 Directive (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 137 #
Proposal for a regulation
Recital 13
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 within one hourpromptly 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 145 #
Proposal for a regulation
Recital 14
Recital 14
(14) The competent authorityMember States should take the necessary measures to ensure the prompt removal of terrorist content on their territory and to endeavour to obtain the removal of such content outside of their territory. These measures must be set by transparent procedures and provide adequate safeguards and the hosting service providers and content providers should be informed of the reason and justification, as to why the content is considered terrorist content. When seeking to remove terrorist content outside of their territory the competent authority should send a request for removal order to the competent authority of the host Member State, which after proper assessment and approval of the request, 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 . The host Member State should, together with the transmition of the removal order, inform the hosting service provider or content service provider of their right to a judicial redress that can be exercised effectively in front of the relevant judicial authority of that Member State. _________________ 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 156 #
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 hourpromptly and without undue delay 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 173 #
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 hourpromptly 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 201 #
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 information:any material, which contributes to the offences committed intentionally and unlawfully as defined in Article 3(1) (a) to (i) of the Directive 2017/541, by: (a) inciting, advocating or threatening to commit any terrorist offences as defined in Directive 2017/541; (b) soliciting persons or a group of persons to commit or contribute to any terrorist offences as defined in Directive 2017/541; (c) promoting the activities of a terrorist group, in particular by soliciting persons or a group of persons to support or participate in a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 215 #
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 informationrefers to material which:
Amendment 218 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Amendment 219 #
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, the commission of terrorist offences, thereby causing a danger that such acts be committedcontributes to the offences committed intentionally and unlawfully as defined in Title III "Offences related to terrorist activities" of the Directive 2017/541 on combating terrorism;
Amendment 225 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 225 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
Amendment 230 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) promotinges the activities of a terrorist group, in particular by encouraging thesoliciting persons or a group of persons to participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 248 #
Proposal for a regulation
Article 4 – paragraph 1
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 251 #
Proposal for a regulation
Article 4 – paragraph 1
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 254 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
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 254 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
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 257 #
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 frompromptly upon receipt of the removal order taking into account the hosting service provider's size and available resources.
Amendment 257 #
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 orderpromptly and without undue delay upon receipt of the removal order taking into account the hosting service provider's size and available resources.
Amendment 266 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
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 270 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
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 273 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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
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 277 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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 9
Article 4 – paragraph 9
9. The competent authority which issued the removal order shall inform the competent authorityand which oversees the implementation of proactive measures, referred to in Article 17(1)(c) shall inform the competent authority requesting the removal order when the removal order becomes final. A removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal.
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 5
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 293 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The competent authority which issued the removal order shall inform the competent authorityand which oversees the implementation of proactive measures, referred to in Article 17(1)(c) shall inform the competent authority requesting the removal order when the removal order becomes final. A removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal.