Activities of Marcel KOLAJA related to 2020/2018(INL)
Shadow opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: Improving the functioning of the Single Market
Amendments (30)
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it necessary to adopt uniform, Union-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e- commerce and at the same time calls for a strict distinction to be made between illegal , illegally shared and harmful content and cases of disinformation, as different rules are applicable in each case;
Amendment 9 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the issue of the amplification of illegal content should be tackled by uniform rules on advertising and transparency measures for social networks about the ways they remove, hide or prioritise users’ contributions;
Amendment 16 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on platform operators not only to immediately delete illegal content expeditiously after positive identification following a notification, but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution, including the metadata necessary for this purpose, and in all cases content providers have to be notified about the content removed, the legal basis and the possibility of redress;
Amendment 31 #
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that the protection and promotion of freedom and diversity of opinion, information, the press and cultural forms of expression, as well as the protection of the privacy of communication between individuals, form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of allutomated technologically feasible means of combating harmful, illegal or illegally shared content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportiprohibition as disproportionate; and calls on the Commission to adopt uniform rules on notice and action procedure in order to speed up the removal of illegal or illegally shared conatent;
Amendment 37 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that content, that is legal and legally shared under Union or national law, has to stay online and that any removal of content shall not lead to the identification of individual users nor to the processing of personal data;
Amendment 42 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to ensure that platform operators make available complaint and redress mechanisms for users and process them without undue delay;
Amendment 45 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to ensure that transparency reports are made available by platform operators which contain information about the number of cases where content was misidentified as illegal or as illegally shared and that competent authorities should make available information about the number of cases where removals lead to the investigation, and prosecution of crime;
Amendment 50 #
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that open, network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems, ensures diversity, enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the Union to quality information, educational, scientific and cultural offers; calls therefore on the Commission to step up efforts to ensure the equal, non-discriminatory treatment of all data traffic in the Union and to critically re-examine the impact of zero-rated offers on competition in the Union.; reminds that open source software, open standards, and open techn ologies are best suited to ensure interoperability, fair competition, and accessibility;
Amendment 224 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verifyrequire the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date; s defined in Regulation(EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (‘P2B Regulation’), while preserving consumers’ anonymity; reminds that the verification of the identity of individual users would place extensive administrative burden on EU start-ups and SMEs competing on a global market;
Amendment 247 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internethosting service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 275 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Actfuture legislation on artificial intelligence should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess 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 369 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that in line with Directive (EU) 2018/1808 (AVMS Directive) ex-ante control measures do not comply with article 15 of the Directive 2000/31/EC; underlines therefore that the future Digital Services Act should prohibit imposing on hosting service providers or other intermediary services mandatory automated technologies to control content;
Amendment 568 #
Motion for a resolution
Annex I – part II – paragraph 7
Annex I – part II – paragraph 7
The Digital Services Act should apply without prejudice to the rules set out in other instruments, such as the General Data Protection Regulation2 (“GDPR”), the Copyright Directive3 and the Audio Visual Media Services Directive4 . __________________ 2Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 3Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). 4Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 609 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced for business users of online market places; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when they are notified that the identity of their business customer is false, misleading or otherwise invalid;
Amendment 628 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided;
Amendment 656 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 658 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 660 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
Amendment 665 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 2
Annex I – part IV – paragraph 1 – subheading 4 – indent 2
Amendment 667 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Amendment 692 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 1
Annex I – part V – paragraph 1 – indent 1
- clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers; and that legal content should stay online;
Amendment 705 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating illegal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;
Amendment 712 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent oversight of the content moderation procedures and voluntary tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independent authorities.
Amendment 733 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 5
Annex I – part V – paragraph 2 – indent 5
- clarify, in an intelligible way, existing concepts and processes such as “expeditious action” which should not result in extreme timeframes such as one hour removal time that is unfeasible especially for smaller intermediaries, “actual knowledge and awareness”, “targeted actions”, “notices' formats”, and “validity of notices”;
Amendment 743 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaintsnotices for certain manifestly illegal content as that can help increasing the removal of illegal content;
Amendment 750 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply to the notice provider and the content uploader with a reasoned decision, such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;
Amendment 754 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12
Annex I – part V – paragraph 2 – indent 12
- provide remedies to contest the decision via a counter-notice, including if the content has been removed via voluntary automated solutions, unless such a counter- notice would conflict with an ongoing investigation by law enforcement authorities.
Amendment 833 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7
Annex I – part VI – paragraph 2 – indent 7
Amendment 836 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8
Annex I – part VI – paragraph 2 – indent 8
Amendment 885 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability and interconnectivity measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.