7 Amendments of Andrejs MAMIKINS related to 2018/0331(COD)
Amendment 68 #
Proposal for a regulation
Recital 5
Recital 5
(5) The application of this Regulation should not affect the application of Article 14 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in thatose provisions or being imposed with an obligation to monitor. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
Amendment 167 #
Proposal for a regulation
Recital 19
Recital 19
(19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. The competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement, taking into account, among other factors, the hosting service providers’ available human resources. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.
Amendment 383 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it in all EU Member States.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content including detection, identification and removal or disabling access to terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 503 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 do not respect the principles of necessity and proportionality or are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific alternative or additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 548 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Hosting service providers shall in a clear and easily accessible way set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 552 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content. , including the number of the removals done upon the request of the competent authorities.