22 Amendments of Salvatore DE MEO related to 2020/2018(INL)
Amendment 325 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. 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 prevent the appearance of, remove and disable illegal content on their platform; considers that this should be a prerequisite for their qualification for exemptions from liability;
Amendment 356 #
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 legislative measures including an effective and proportionate notice- and-action mechanism, that can empowers users to notify online intermediaries of the existence of potentially illegal online content or behaviour and ensures that the notified content is removed and does not reappear on the platform; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 367 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that a harmonized notice and action framework should comprise "staydown" obligations, which consist in taking all appropriate to prevent the reappearance of illegal content once it has been taken down;
Amendment 377 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for passive hosting online intermediaries with regard to user- uploaded content set out in Articles 12, 13 and 14 of the E-Commerce Directive and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved;
Amendment 381 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that it needs to be clarified that the exemption of liability only applies to passive intermediaries; points out in this regard, that 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, organizing, 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 391 #
Motion for a resolution
Subheading 6
Subheading 6
Online marketplaceplatforms
Amendment 395 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, price comparison tools, or online advertising platforms, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights;
Amendment 414 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Encourages the Commission to introduce a new obligation for online platforms to inform consumers who have bought illegal goods, once that product has been removed from their platform following a valid notification from a right holder or an enforcement authority;
Amendment 527 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence obligations, including with regards to transparency and information obligations;
Amendment 532 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removalprevention, removal, and disabling of illegal content online, including a harmonised legally- binding European notice-and action mechanism;
Amendment 540 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective supervision, cooperation and deterrent sanctions;
Amendment 600 #
Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E- Commerce Directive andobligations, including with regards to transparency and information; those obligations should cover the aspects described below:
Amendment 700 #
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 technical, automatic and 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 708 #
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.
Amendment 721 #
Motion for a resolution
Annex I – part V – paragraph 2 – introductory part
Annex I – part V – paragraph 2 – introductory part
The Digital Services Act should establish a harmonised and legally enforceable notice- and-action mechanism based on a set of clear processes and precise timeframes for each step of the notice- and-action procedure. That notice-and- action mechanism should:
Amendment 726 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 2
Annex I – part V – paragraph 2 – indent 2
- rankdifferentiate among different types of providers, sectors and/or illegal content;
Amendment 734 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 6
Annex I – part V – paragraph 2 – indent 6
Amendment 739 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
Annex I – part V – paragraph 2 – indent 7
- specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedlyinformation identifying the illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
Amendment 757 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)
Annex I – part V – paragraph 2 – indent 12 a (new)
- once a notice has been accepted and illegal content has been taken down, create an obligation for online intermediaries to put in place effective and proportionate measures to prevent the reappearance of the illegal content ("staydown" measures).
Amendment 792 #
Motion for a resolution
Annex I – part V – paragraph 4
Annex I – part V – paragraph 4
The Digital Services Act should protect and uphold the scope of the current limited exemptions from secondary liability regime for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E-Commerce Directive.
Amendment 797 #
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify ifthat 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 and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 803 #
Motion for a resolution
Annex I – part V – paragraph 6
Annex I – part V – paragraph 6
The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive. Online intermediaries should not be subject to general monitoring obligation applicable to passive online intermediaries.