11 Amendments of Felix REDA related to 2018/0331(COD)
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation is without prejudice to Directive 2000/31/EC, in particular Articles 14 and 15 thereof.
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority of the Member State in which the main establishment of the hosting service provider or its designated representative is located shall have the power to issue a decisionremoval order requiring the hosting service provider to remove illegal terrorist content or disable access to it. Requests by an independent competent administrative body must be obtained with a court order under an expeditious proceeding.
Amendment 279 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Cross-border cooperation related to removal orders 1. Where a competent authority of a Member State other than the one in which the main establishment of the hosting service provider or its designated representative is located wishes to request a removal order, it shall make the request to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider or its designated representative is located. 2. The competent authority of the Member State in which the main establishment of the hosting service provider or its designated representative is located may issue the removal order requested in accordance with paragraph 1 to the hosting service provider in accordance with Article 4(5) provided that it meets all requirements set out in Article 4 under the hosting provider’s jurisdiction. 3. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located does not issue the removal order, for example because it does not comply with Article 4 or because the competent authority has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the requesting competent authority accordingly.
Amendment 335 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Judicial redress Member States shall ensure that safeguards relating to removal of, or disabling access to content shall also include the possibility of judicial redress.
Amendment 347 #
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 it, they shall make available to the content provider comprehensive information on the removal or disabling of access to illegal terrorist content including the reasons for the removal or disabling of access, including the legal basis establishing the unlawfulness of the content and possibilities to contest the decision including formal requirements, the description of the next steps of the procedure and related timeframes.
Amendment 360 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Member State in which the main establishment of the hosting service provider is located shall have the jurisdiction for the purposes of Articles 6, 18, and 21this Regulation. A hosting service provider which does not have its main establishment within one of the Member States shall be deemed to be under the jurisdiction of the Member State where the legal representative referred to in Article 16 resides or is established.
Amendment 361 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where a hosting service provider fails to designate a legal representative, all Member States shall have jurisdiction. Where a Member State decides to exercise jurisdiction, it shall inform all other Member States.
Amendment 398 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Under Article 4 of Regulation (EU)….16 the addressee of the removal order shall remove terrorist content or disable access to it, within one hour from receipt of the removal order from the competent authorit expeditiously. _________________ 16 Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online (OJ L …).
Amendment 400 #
Proposal for a regulation
Annex I – paragraph 2
Annex I – paragraph 2
In accordance with Article 7 of Regulation (EU) ….17 , addressees must preserve content and related data, which has been removed or access to it disabled, for six months or longer upon request from the competent authorities or courts or the content provider in order to remedy complaints following the mechanism described in article 10. _________________ 17 Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online (OJ L …).
Amendment 402 #
Proposal for a regulation
Annex I – section B – title
Annex I – section B – title
B Content to be removed or access to it disabled within one hourexpeditiously:
Amendment 403 #
Proposal for a regulation
Annex I – section G – paragraph 1
Annex I – section G – paragraph 1
Information about competent body or court, deadlines and procedures for contesting the removal order: