24 Amendments of Gunnar BECK related to 2020/2019(INL)
Amendment 14 #
Motion for a resolution
Recital A
Recital A
A. whereas digital services, being a cornerstone of the Union’s economy and the livelihood of a large number of its citizens, need tocould be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens, with the need to support development and economic progressindividual rights and liberties with economic development;
Amendment 20 #
Motion for a resolution
Recital B
Recital B
B. whereas a number of key civil and commercial law aspects might not have not been addressed satisfactorily in Union or national law, and whereas this situation is exacerbated by the rapid and accelerating developments over the last decades in the field of digital services, in particularsuch as regarding the emergence of new business models;
Amendment 27 #
Motion for a resolution
Recital C
Recital C
C. whereas some businesses offering digital services could enjoy, due to strong data- driven network effects, market dominance that makes it increasingly difficult for other players to competewhich could lead to barriers to entry the market hampering potential new players;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas ex-post competition law enforcement alone cannot effectively address the impact of the market dominance of cholding a dominant position is not in itself an infringement of EU competition law (article 102 TFEU), and the holders of such positions are allowed to compete on merit, like any other company, given that a position of dominance confers on an undertakin online platformg a special responsibility to ensure that its con fair competition in the digital single marketduct does not distort competition;
Amendment 43 #
Motion for a resolution
Recital F
Recital F
F. whereas content hosting platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the us, like any undertaking, deciding on which products and services to offer and not to offer to consumers;
Amendment 52 #
Motion for a resolution
Recital G
Recital G
G. whereas upholding the law in the digital world does not only involve effective enforcement of rights, but also, in particular, ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedyould, in some cases, clash with the Rule of Law;
Amendment 64 #
Motion for a resolution
Recital I
Recital I
I. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation requires a response at Union level;
Amendment 69 #
Motion for a resolution
Recital L
Recital L
L. whereas the choice of algorithmic logic behind such recommendation systems, content curation or advertisement placements remains at the discretion of the content hosting platforms with little possibility for public oversight, which raises accountability concerns;
Amendment 73 #
Motion for a resolution
Recital O
Recital O
O. whereas the terms and conditions of platforms, which are non-negotiable, often indicate both applicable law and competent courts outside the Union, which represent an obstacle as regardsaises concern access to justice; whereas the question of which private international law rules relate to rights to data is ambiguous in Union law as well as in international law; whereas the established adagium of caveat emptor also applies to these situations;
Amendment 78 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the Commission has expressed the concern in its opinion on the French "Avia Law" that content moderation could place a disproportionate burden on companies and users, and lead to an excessive deletion of content, thus undermining freedom of expression.
Amendment 79 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests thatSuggests the Commission to submit without undue delay a set of legislative proposals comprising a Digital Services Act with a wide material, personal and territorial scope, including the recommendations as set out in the Annex to this resolutionproposals in line with the announced Digital Services Act; considers that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union shcould be chosen as the legal basis;
Amendment 89 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. ProposeSuggests that the Digital Services Act could include a regulation that establishes contractual rights as regards content management, lays down transparent, binding and uniform standards and procedures for content moderationcy requirements and interoperability standards, and guarantees accessible and independent recourse to judicial redress;
Amendment 103 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that any final decisions on the legality of user-generated content must be madeshould remain possible for review by an independent judiciary and not aexclusively to private commercial entityies;
Amendment 113 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatoryCalls on the Commission to curb its enthusiasm on content moderation;
Amendment 115 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 128 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European AgencyMember States where their activities are deployed, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database;
Amendment 135 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 140 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Act;
Amendment 154 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practicesan important challenge in the digital society, especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements;
Amendment 156 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 194 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 205 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to assess the development and use of distributed ledger technologies, including blockchain and, in particular, of so-called smart contracts, namely the questions of legality and enforcement of smart contracts in cross border situations, and make, if deemed necessary, suggest proposals for the appropriate legal framework;
Amendment 217 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 218 #
Motion for a resolution
Paragraph 21
Paragraph 21