17 Amendments of Brando BENIFEI related to 2020/2022(INI)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intentioncommitment to introduce a harmonised approach addressing obligations imposed on intermediarion digital services, in order to avoid fragmentation of the internal market; stresses that any measure related to fundamental rights should be cthe Digital Services Act should ensure that the internal market freedoms are fully balanced and take into account the possible impact on the functioning of the internal marketrealised in complete compliance with fundamental rights and principles set out in the Charter of Fundamental rights of the EU, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective sustainable solutions for the internal market as a whole;
Amendment 18 #
Draft opinion
Paragraph 2
Paragraph 2
2. States that limited liability provisions as set out in the e-Commerce Directive1 must be maintained and strengthenpreserved in the Digital Services Act, particularly in order to protect freedom of expressionundamental rights and the freedom to provide services; underlines the importance of these protections to the growth of European SMEs, protection of consumers and users' safety; _________________ 1 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 22 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. States that Digital Services Act should maintain the ban on general monitoring obligation under the Article 15 of the current e-Commerce Directive;
Amendment 22 #
Motion for a resolution
Recital C
Recital C
C. whereas the amount of user- generated content, including harmful and illegal content, such as images depicting Child Sexual Abuse Material (CSAM) online, shared via cloud services or online platforms has increased exponentially at an unprecedented pace;
Amendment 30 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses withe Commission that introducing disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
Amendment 43 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the fact that misinformative and harmful content is not always illegal; calls, therefore, for the establishment of a well-defined notice-and-takedown processharmonised, transparent and legally enforceable notice-and-action mechanism; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practices such as the EU-wide Code of Practice on Disinformation, in order to further tackle misinformation;
Amendment 48 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes the proliferation of fake news and disinformation with false or misleading content, and consumers scams by means of unsafe or counterfeit products; calls on the Commission to keep working and exploring new ways to combat fake news while preserving fundamental rights;
Amendment 50 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights that tracking applications must respect privacy rights in addition to the provisions of the GDPR;
Amendment 51 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the introduction of counter-notice tools to allow content owners to defend their rights adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions.that if the redress and counter-notice procedure have stablished that the notified activity or information is not illegal, the online intermediary should restore the removed content without undue delay or allow for the re-upload by the user, without prejudice to the platform's terms of service; outlines that fundamental rights should be protected more effectively by introducing more transparency reports and out-of-court dispute settlement mechanism to help resolve complaints of affected users;
Amendment 60 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the new Digital Services Act should also address the challenges algorithms present in terms of ensuring non-discrimination, transparency and explainability, as well as liability; points out the need to monitor algorithms and to asses associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 108 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deems it necessary that illegal content is removed swiftly and consistently in order to address crimes, especially those relating to children and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue;
Amendment 145 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to premovent by actively detecting and reporting reliably identified child sexual abuse material (CSAM) online and removing illegal content in line with European values; firmly believes that this should be harmonised within the digital single market;
Amendment 173 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; calls for the creation of an EU Centre for Preventing and Combating child sexual abuse that would ensure an effective and coordinated response to child sexual abuse cases online, as requested in the European Parliament Resolution on children's rights in the occasion of the 30th anniversary of the UN Convention on the Rights of the Child of 26 November 2019;
Amendment 212 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online, as well as the incidence and prevention of illegal activity online, particularly against children and other vulnerable groups;
Amendment 218 #
17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities; in the case of child sexual abuse, the reporting should be done to the EU Centre for Preventing and Combating child sexual abuse;
Amendment 240 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this EU body, which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content, detection, removal and blocking at EU level;
Amendment 253 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of empowering users to enforce their own fundamental rights online, including by means of easily accessible complaint procedures, legal remedies, educational measures and awareness-raising on data protection issureporting mechanisms for illegal content and criminal behaviour for individuals and companies, legal remedies, educational measures, , including the sharing of advice on child online safety, awareness-raising on data protection issues and online safety and the provision of access to cost-free child helplines and age-appropriate services;