26 Amendments of Marion WALSMANN related to 2020/2019(INL)
Amendment 22 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the EU leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating cross-borders, combined with lack of regulatory control on key aspects of today's information environment;
Amendment 47 #
Motion for a resolution
Recital F
Recital F
F. whereas content hosting platforms may determine what content isand how content, services and products are shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that a few 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 users;
Amendment 91 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act sets up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in order to close the legal gab in which the user failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller;
Amendment 93 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act follow a sector and problem-specific approach and make a clear distinction between illegal and harmful content when elaborating the appropriate policy options;
Amendment 96 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that any new framework established in the Digital Services Act should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations and clear safeguards for all sectors;
Amendment 98 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;
Amendment 120 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked withAsks from the European Commission to monitoring and enforcinge compliance with contractual rights as regards content management, to auditing any algorithms used for automated content moderation and curation, and imposing penalties for non- compliance;
Amendment 132 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European AgencyCommission, 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 148 #
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 AgencyCommission to ensure that there is compliance with the Digital Services Act;
Amendment 158 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content and that behavioural advertising should depend on the users´ consent;
Amendment 189 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. SuggestAsks thate content hosting platforms publish allto make each sponsored advertisements madeclearly visible to their users;
Amendment 238 #
Motion for a resolution
Annex I – part A – part I – introductory part
Annex I – part A – part I – introductory part
The key elements of the proposals to be included in the Digital Services Act should beDigital Services Act should reflect among others the following elements of the proposals, on the basis of a proper public consultation and impact analysis:
Amendment 240 #
Motion for a resolution
Annex I – part A – part I – section 1 –introductory part
Annex I – part A – part I – section 1 –introductory part
A regulation ‘on contractual rights as regards content managementof users of content hosting platforms’ and that contains the following elements:
Amendment 258 #
Motion for a resolution
Annex I – part A – part I – section 1 –indent 5 a (new)
Annex I – part A – part I – section 1 –indent 5 a (new)
- It should provide rules regarding the responsibility of content hosting platforms for goods sold or advertised on them taking into account supporting activities for SMEs in order to minimize their burden when adapting to this responsibility.
Amendment 263 #
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
Amendment 278 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – introductory part
Annex I – part A – part I – section 2 – indent 4 – introductory part
- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulationregular reviewing the fines imposed by national authorities for non- compliance with the Digital Services Act. Instances of non- compliance should include:
Amendment 296 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
- failure to provide access for the European AgencyCommission to content moderation and curation algorithms for review;
Amendment 303 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
- failure to submit transparency reports to the European AgencyCommission;
Amendment 365 #
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should be clear accessible, intelligible and unambiguous and include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.
Amendment 376 #
Motion for a resolution
Annex I – part B – recital 8 a (new)
Annex I – part B – recital 8 a (new)
(8a) Far too many goods sold online do not follow safety standards. One way of ensuring that content hosting platforms perform due diligence checks of goods sold by it or through it is to make the platforms jointly and severally responsible together with the primary seller. This would not be unreasonable for the content hosting platforms given that they take a share of the proceeds. Special attention should be paid to enable small and medium sized platforms to perform these checks and any supporting activity such as standardisation should ensure that administrative burdens are kept to a minimum.
Amendment 417 #
Motion for a resolution
Annex I – part B – Article 3 –point 2
Annex I – part B – Article 3 –point 2
(2) ‘'illegal content’' means any concept, idea, expression or information in any format such as text, images, audio and videoinformation which is not in compliance with Union law or the law of a Member State concerned;
Amendment 435 #
Motion for a resolution
Annex I – part B – Article 4 a (new)
Annex I – part B – Article 4 a (new)
Article 4a Responsibility for goods 1. Any person procuring goods from a content hosting platform or through advertising on a platform shall have the right to pursue remedies against the platform if the person has pursued his or her remedies against the supplier but has failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods. 2. The Commission should publish guidelines in particular for small and medium sized platforms in order to support them coping with their responsibility for goods and to ensure that administrative burdens are kept to a minimum. 3. A platform that has become liable according to this article shall have the right to be indemnified by the supplier.
Amendment 442 #
Motion for a resolution
Annex I – part B – Article 5 – subparagraph 2
Annex I – part B – Article 5 – subparagraph 2
A content hosting platform mahas to take effective measures to tackle systematic abusive behaviour in particular by blocking a user who repeatedly issues false notices from issuing further notices.
Amendment 443 #
Motion for a resolution
Annex I – part B – Article 6 – introductory part
Annex I – part B – Article 6 – introductory part
Content hosting platforms shall include in their terms and conditions sufficientclear, accessible, intelligible and unambiguous information regarding notice procedures, in particular:
Amendment 468 #
Motion for a resolution
Annex I – part B – Article 12 – title
Annex I – part B – Article 12 – title
Stay-updown principle
Amendment 473 #
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Without prejudice to judicial or administrative orders regarding contentillegal activities´ online, content that has been the subject of a notice shalland action procedure shall be removed and remain invisible to the public until a final decision has been taken regarding its removal or takedown.