13 Amendments of Dan-Ştefan MOTREANU related to 2020/2018(INL)
Amendment 89 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation as defined in the E-Commerce Directive and clarified by the Court of Justice of the European Union should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework and must clearly be enforced, including new obligations for active platforms;
Amendment 166 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibilityies in terms of protecting users and society at large and preventing their services from being exploited abusively.; and generating economic gain from such exploitation;
Amendment 174 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deems it necessary that online platforms’ content policies be intelligible and published in an easily accessible manner;
Amendment 199 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders and/or illicit websites selling fake or illegal products and services online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 293 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumusers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for consumers to requestbusiness and individual users to request transparency, checks and corrections of possible mistakes or biases resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 317 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of mdisinformation online; believes, however, that a more aligned and coordinated approach at Union level, taking into account the different types of content, will make the fight against both illegal content more effectivand harmful content that is legal yet harmful content more effective, more expeditious and less burdensome;
Amendment 324 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Calls for an aligned approach based on general principles, such as a duty of care, which consists in online intermediaries taking all effective and appropriate measures to identify the risks, prevent the appearance of, remove and disable illegal content on their platform , remedy the negative consequences and report on the way they remedy it; considers that this should be a prerequisite for their qualification for exemptions from liability;
Amendment 350 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete targeted legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures woulds, without prejudice to existing right holder protections and remedies available under EU and national law, that can empower users and trusted flaggers to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures which must include effective stay down obligations for illegal content, including for identical or similar illegal content, and stronger and more transparent repeat infringers policies, would help guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 379 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for passive 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;
Amendment 382 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that it needs to be clarified that the limited liability only applies to passive intermediaries. In this regard, the Digital Services Act should clarify that interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit making purposes should lead to a loss of safe harbour provisions due to their active nature;
Amendment 450 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies for unfair market practices on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 703 #
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 passive online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;
Amendment 707 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3 a (new)
Annex I – part V – paragraph 1 – indent 3 a (new)
- clarify that online intermediaries who play an active role should not benefit from the exemption of liability granted by the e-commerce directive.