34 Amendments of Edina TÓTH related to 2020/2018(INL)
Amendment 31 #
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, by the ever-increasing quantity of illegal content online and the impossibility of ensuring that such content stays down after being removed, and by the inability of the existing legal framework to promote effective market entry and consumer welfare;
Amendment 51 #
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants; including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;
Amendment 87 #
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 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; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;
Amendment 103 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 133 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;
Amendment 141 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, free of illegal content, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 169 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms andincluding social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.
Amendment 182 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce protection of fundamental rights online;
Amendment 207 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be establishfraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;
Amendment 215 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened; asks the Commission to introduce guidance for platforms on how to better inform consumers about commercial communication;
Amendment 230 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and the identity of the business partners with whom they have a contractual commercial relationship,; business partners should be the ones in charge of notifying the service provider about any change in their business activity (for example, cessation of business activity) and to ensure that the information they provide is accurate and up-to-date;
Amendment 260 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannotshould be addressed by, among others, by clear transparency obligations and left to consumer choice aloneinformation requirements; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 265 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes the increasing use of digital platforms and applications in eHealth, and in particular the importance of telemedicine and consumer health informatics; considers that the Digital Services Act package must ensure that digital eHealth services provide citizens with only accurate, verified and scientifically-based facts while also effectively protecting their personal data.
Amendment 285 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers 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; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 289 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers 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 request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; notes that the Parliament’s Resolution on automated- decision making emphasized1a that, ultima ratio, humans shall remain in control; __________________ 1aResolution on Automated decision- making processes: Ensuring consumer protection, and free movement of goods and services(2019/2915(RSP)).
Amendment 296 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the importance of the use of data by digital platforms and that the accumulation of vast amounts of data by large technological enterprises creates imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market;
Amendment 315 #
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 approach at Union level and the introduction of an obligation to ensure that illegal content stays down after being removed, taking into account the different types of content and technical capacities, will make the fight against illegal content more effective;
Amendment 320 #
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 approach at Union level, taking into account the different types of content and services offered by a platform, will make the fight against illegal content more effective;
Amendment 344 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 373 #
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; stresses however, that the liability regime necessitates further clarification regarding active and passive hosting in the situation when intermediaries have control over data by selecting, using and modifying it in order to optimise or promote it;
Amendment 380 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Bearing in mind the importance of intellectual property for the European economy as a whole, as well as for the normal functioning of the Single Market – especially with regard to freedom to provide services, and furthermore assuming that intellectual property is often infringed on Internet platforms, considers that the future regulatory framework should ensure effective enforcement of IPR provisions, especially with regard to the removal of illegal content from the digital platforms;
Amendment 389 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Systemic platforms should face legal obligations in respect to illegal content, including accountability for content moderation, as well as proactive measures to address such content on their services;
Amendment 454 #
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 on these large platforms has the potential to open up markets to new entrants, including SMEs, entrepreneurs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 507 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, includingand the improvement of users’ safety online;
Amendment 583 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content”", definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content; it is also necessary to clarify what falls under "harmful content" and "disinformation";
Amendment 590 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “"systemic operator”" by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a “"gatekeeper”" role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, accumulation of data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 645 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; these transparency requirements should also empower advertisers vis-a-vis advertising services, when it comes to where and when ads are placed; more efforts are needed to make sure that illegal activities cannot be funded via advertising services;
Amendment 751 #
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 in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 763 #
Motion for a resolution
Annex I – part V – subheading 2 – indent 1
Annex I – part V – subheading 2 – indent 1
- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider, where identifiable, should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.
Amendment 808 #
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act should propose specific rules for online market places for the online sale of products and provision of services to consumers.
Amendment 811 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 849 #
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;
Amendment 856 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an asymmetric ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “"systemic platforms”" in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies with a significant market position in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 875 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures and to impose finpenalties on “"systemic platforms”" that fail to respect the different regulatory obligations imposed on them;