[ParlTrack]

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Title 1

Proposal for a ~~REGULATION~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventing the dissemination of terrorist content online A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article ~~114~~83 thereof, (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 1

(1) This ~~Regulation~~Directive aims at ensuring the ~~smooth fun~~protection~~ing~~ of ~~the digital single market~~public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights in an open and democratic society, by preventing the ~~mis~~use of hosting services for spreading terrorist ~~purposes~~content. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards ~~to the freedom of expression and information.~~for the protection of fundamental rights, including the freedom of expression and information, as well as the respect for private and family life and the protection of personal data. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 3

(3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers ~~have particular societal responsibil~~could support competent judicial authorities to protect their services from ~~mis~~being used by terrorists and to help tackle terrorist content disseminated through their services. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 7

(7) This ~~Regulation~~Directive contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, as well as the respect for private and family life and the protection of personal data, which constitutes one of the essential foundations of a pluralist, democratic society, and ~~is one of~~are among the values on which the Union is founded. Measures constituting interference inwith the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 7 a (new)

(7 a) Measures taken to remove terrorist content online should be targeted, necessary, appropriate and proportionate.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 9

(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this ~~Regulation~~Directive should establish a definition of terrorist content ~~for preventative purposes drawing~~based on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the ~~most harmful terrorist propaganda~~terrorist content online, the definition should capture material and information that intentionally incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences ~~or promotes the participation in activities of a terrorist group~~when and insofar as they are committed with a specific terrorist aim, namely to seriously intimidate a population, to unduly compel a government or an international organisation to perform or abstain from performing any act, or to seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this ~~Regulation~~Directive, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons or the respect for other fundamental rights, including the right to freedom of speech, and the rights to private and family life and to the protection of personal data. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6), falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 10

(10) In order to cover those online hosting services where terrorist content is disseminated, this ~~Regulation~~Directive should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th~~ird parties, irrespective of whether this activity is of a mere technical, automatic and passive nature~~e public. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, ~~file sharing and other cloud services~~ to the extent they make the information available to th~~ird parties and websites where users can make comments or post reviews. The Regulation~~e public. The Directive should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this ~~Regulation~~Directive.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 16

(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 18

(18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 19

(19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Recital 20

(20) The obligation on hosting service providers to preserve removed content and related data, should be ~~laid down for specific purposes and limited in time to what is necessary. There is~~for the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary, but generally not exceeding six months. Where there is legitimate need to extend the preservation requirement to related data, it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question. Related data ~~can include data such as ‘subscriber data’, including in particular~~should be limited to ‘subscriber data’, i.e. data pertaining to the identity of the content provider as well as ‘access data’, i~~ncluding for instance~~.e. data about the date and time of use by the content provider, or the log-in to and log- off from the service, together with the IP address allocated by the internet access service provider to the content provider.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – paragraph 1 – introductory part

1. This ~~Regulation~~Directive lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2019/02/25
Committee: LIBE

Anna HEDH

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2 a. This Regulation shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union. Member States may establish conditions required by, and in accordance with, fundamental principles relating to the freedom of the press and the freedom and pluralism of the media.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2 a. This Directive shall not have the effect of modifying Directive (EC) 2000/31.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – paragraph 2 c (new)

2 c. This Directive shall be without effect on the applicable rules on the processing of personal data, notably Regulation (EU) 2016/679 and Directive (EU) 2016/680.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th~~ird parties~~e public;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 2

(2) 'content provider' means a user who has intentionally provided information that is, or that has been, stored at the request of the user by a hosting service provider;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 4

(4) 'terrorist offences' means ~~offence~~intentional acts as defined in Article 3(1) of Directive (EU) 2017/541, where committed with one of the aims listed in Article 3(2) of Directive (EU) 2017/541;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part

(5) 'terrorist content' means ~~one or more of the following information~~information, which, in a manifest manner:

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

(a) in~~citing or advocating, including by glorifying,~~tentionally incites or advocates the commission of terrorist offences, thereby causing a clear danger that such acts be committed;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

~~(b) encouraging the contribution to terrorist offences;~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

(c) intentionally promot~~ing~~es the activities of a terrorist group subject to Common Position 2001/931/CFS, in particular by einc~~ouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;~~ iting, soliciting or advocating persons or a group of persons to participate in the activities of a terrorist group, including by supplying information or material ressources, or by funding its activities in any way;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d

(d) in~~structing on~~tentionally instructs on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques, for the purposes of committing, or contributing to the commission of, terrorist offences.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘dissemination of terrorist content’ means making terrorist content available to th~~ird parties~~e public on the hosting service providers’ services with the clear intent to incite, commit, or contribute to the commission of, a terrorist offence, excluding the dissemination of information for educational, journalistic, artistic or research purposes;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)

(6 a) ‘related data’ means only subscriber data and access data;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)

(7 a) ‘competent authority’ means a designated national judicial authority in the Member State;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) 'referral' means a notice by a competent authority or, where applicable, a relevant Union body to a hosting service provider about information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility with its own terms and conditions aimed to prevent dissemination of terrorism content;deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this ~~Regulation~~Directive, against the use of their services for the purposes of dissemination of terrorist content by content providers and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and freedom to receive and impart information in an open and democratic society.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Hosting service providers shall ensure that the duties of care shall not amount to general monitoring of information they transmit or store, nor a general duty to actively seek facts or circumstances indicating illegal activity.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 3 – paragraph 2

2. Hosting service providers shall include in their terms and conditions~~, and apply, provisions to prevent the~~ the prohibition of dissemination of terrorist content.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. Where hosting service providers obtain knowledge or awareness of terrorist content on their services, they shall inform the competent authorities of such content and delete it without undue delay.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 4 – paragraph 1

1. The competent authority shall have the power to issue a ~~decision~~removal order requiring the hosting service provider to remove terrorist content ~~or disable access~~ to it.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 4 – paragraph 2

2. Hosting service providers shall remove terrorist content ~~or disable access to it within one hour from receipt of the removal order~~without undue delay.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 4 – paragraph 3 – point a

(a) identification of the competent authority via a digital signature issuing the removal order and authentication of the removal order by the competent authority;

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5

1. The competent authority or the relevant Union body may send a referral to a hosting service provider. 2. Hosting service providers shall put in place operational and technical measures facilitating the expeditious assessment of content that has been sent by competent authorities and, where applicable, relevant Union bodies for their voluntary consideration. 3. The referral shall be addressed to the main establishment of the hosting service provider or to the legal representative designated by the service provider pursuant to Article 16 and transmitted to the point of contact referred to in Article 14(1). Such referrals shall be sent by electronic means. 4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred. 5. The hosting service provider shall, as a matter of priority, assess the content identified in the referral against its own terms and conditions and decide whether to remove that content or to disable access to it. 6. The hosting service provider shall expeditiously inform the competent authority or relevant Union body of the outcome of the assessment and the timing of any action taken as a result of the referral. 7. Where the hosting service provider considers that the referral does not contain sufficient information to assess the referred content, it shall inform without delay the competent authorities or relevant Union body, setting out what further information or clarification is required.Article 5 deleted Referrals

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 1

~~1. The competent authority or the relevant Union body may send a referral to a hosting service provider.~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 2

2. Hosting service providers shall put in place operational and technical measures facilitating the expeditious assessment of content that has been sent by competent authorities and, where applicable, relevant Union bodies for their voluntary consideration.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 3

3. The referral shall be addressed to the main establishment of the hosting service provider or to the legal representative designated by the service provider pursuant to Article 16 and transmitted to the point of contact referred to in Article 14(1). Such referrals shall be sent by electronic means.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 4

4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 5

5. The hosting service provider shall, as a matter of priority, assess the content identified in the referral against its own terms and conditions and decide whether to remove that content or to disable access to it.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 6

6. The hosting service provider shall expeditiously inform the competent authority or relevant Union body of the outcome of the assessment and the timing of any action taken as a result of the referral.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 5 – paragraph 7

7. Where the hosting service provider considers that the referral does not contain sufficient information to assess the referred content, it shall inform without delay the competent authorities or relevant Union body, setting out what further information or clarification is required.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6

~~[...]~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 1

1. Hosting service providers shall, where appropriate, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c) shall request the hosting service provider to submit a report, within three months after receipt of the request and thereafter at least on an annual basis, on the specific proactive measures it has taken, including by using automated tools, with a view to: (a) preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content; (b) detecting, identifying and expeditiously removing or disabling access to terrorist content.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a

~~(a) preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content;~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b

~~(b) detecting, identifying and expeditiously removing or disabling access to terrorist content.~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

~~Such a request shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider.~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3

The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the proactive measures are effective and proportionate, including to evaluate the functioning of any automated tools used as well as the human oversight and verification mechanisms employed.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 3

3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 4

4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 6 – paragraph 5

5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. Hosting service providers shall preserve terrorist content which has been removed ~~or disabled~~ as a result of a removal order~~, a referral or as a result of proactive measures~~ pursuant to Articles 4~~, 5 and 6~~ and related data removed as a consequence of the removal of the ~~terrorist~~ content and which is necessary for:

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 7 – paragraph 1 – point b

~~(b) the prevention, detection, investigation and prosecution of terrorist offences.~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 7 – paragraph 2

2. The terrorist content and related data referred to in paragraph 1 (a) shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 8 – paragraph 3 – point d

(d) overview and outcome of complaint procedures, including the number of cases in which it was established that content was wrongly identified as terrorist content.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 9 – title

9 Safeguards regarding the ~~use and implementation of proactive measu~~exercise of duty of cares

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 9 – paragraph 1

1. Where hosting service providers ~~use automated tools~~exercise their duty of care pursuant to this ~~Regulation~~Directive in respect of content that they store, they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content, in particular decisions to remove ~~or disable~~ content considered to be terrorist content, are accurate and well-founded.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 9 – paragraph 2

2. Safeguards shall consist, in particular, of human oversight and ~~verifications where appropriate and, in any event, where a detailed assessment of the relevant context is required~~a detailed assessment in order to determine whether or not the content is to be considered terrorist content.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 10 – paragraph 1

1. Hosting service providers shall establish an effective and accessible complaint mechanisms allowing content providers, whose content has been removed ~~or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6~~, to submit a complaint against the action of the hosting service provider requesting reinstatement of the content.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 10 – paragraph 2

2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal ~~or disabling of access~~ was unjustified. They shall inform the complainant about the outcome of the examination within two weeks of the receipt of the complaint. In the event where content was reinstated, this shall not preclude further judicial measures against the decision of the hosting service provider or of the relevant competent authority.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

2a. Notwithstanding the provisions of Article 10 (1) and (2), the complaint mechanism of the hosting service providers shall be complementary to the applicable laws and procedures of the Member State in regard to the right to judicial review.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 12 – paragraph 1

Member States shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this ~~Regulation~~Directive.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 13 – paragraph 2

2. Competent authorities in Member States shall inform, coordinate and cooperate with the competent authority referred to in Article 17(1)(c) and (d) with regard to measures taken pursuant to Article 6 and enforcement actions pursuant to Article 18. Member States shall make sure that the competent authority referred to in Article 17(1)(c) and (d) is in possession of all the relevant information. For that purpose, Member States shall provide for the appropriate and secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner.

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 13 – paragraph 3 – introductory part

3. Member States and hosting service providers ~~may choose to~~shall make use of dedicated tools, including, where appropriate, those established by relevant Union bodies such as Europol, to facilitate in particular:

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 13 – paragraph 3 – point b

~~(b) the processing and feedback relating to referrals pursuant to Article 5;~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 13 – paragraph 3 – point c

~~(c) co-operation with a view to identify and implement proactive measures pursuant to Article 6.~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 15 – paragraph 3

3. Where an authority of another Member State has issued a removal order according to Article 4(1), that Member State has jurisdiction to take coercive measures according to its national law in order to enforce the removal order.deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. Each Member State shall designate the judicial authority or judicial authorities competent to

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 17 – paragraph 1 – point b

~~(b) detect, identify and refer terrorist content to hosting service providers pursuant to Article 5;~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 17 – paragraph 1 – point c

~~(c) oversee the implementation of proactive measures pursuant to Article 6;~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 18 – paragraph 1 – point c

~~(c) Article 5(5) and (6) (assessment of and feedback on referrals);~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 18 – paragraph 1 – point d

~~(d) Article 6(2) and (4) (reports on proactive measures and the adoption of measures following a decision imposing specific proactive measures);~~deleted

2019/02/25
Committee: LIBE

Birgit SIPPEL, Anna HEDH, Josef WEIDENHOLZER

Proposal for a regulation
Article 23 – paragraph 1

No sooner than [three years from the date of application of this ~~Regulation~~Directive], the Commission shall carry out an evaluation of this ~~Regulation~~Directive and submit a report to the European Parliament and to the Council on the application of this ~~Regulation~~Directive including the functioning of the effectiveness of the safeguard mechanisms. WThe re ~~appropriate, the report shall be accompanied by legislative proposals~~port shall also cover the impact of this Directive on freedom of expression and information as well as the rights to private and family life and the protection of personal data. Member States shall provide the Commission with the information necessary for the preparation of the report.

2019/02/25
Committee: LIBE

75 Amendments of Anna HEDH related to 2018/0331(COD)

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