14 Amendments of Sophia IN 'T VELD related to 2018/0331(COD)
Amendment 185 #
Proposal for a regulation
Recital 24
Recital 24
(24) Transparency of hosting service providers' policies in relation to illegal terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Markethosting service providers’ and competent authorities’ in the Union. Hosting service providers should publish annual transparency reports containing detailed and meaningful information about action taken in relation to the detection, identification and removal of illegal terrorist content and the potential legal content restrictions. Likewise, competent authorities should publish annual transparency reports containing detailed and meaningful information about the number of legal orders issued, the number of removals, the number of identified and detected illegal terrorist content leading to investigation and prosecution of terrorist offences and the number of restrictions on legal content.
Amendment 240 #
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hourout undue delay from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not illegal terrorist content.
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down uniformtargeted rules to preventaddress the misuse of hosting services by third parties for the dissemination of illegal terrorist content online. It lays down in particular:
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on reasonable and proportionate duties of care to be applied by hosting service providers in order to preventwhose services are particularly exposed to illegal terrorist content, in order to minimise the dissemination of terrorist content through their services and ensure, where necessary, its swift removal;
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) a set of measures to be put in place by Member States to identify illegal terrorist content, to enable its swiftexpeditious removal by hosting service providers in accordance with Union law providing suitable safeguards for fundamental rights and to facilitate cooperation with the competent judicial or administrative authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) a set of measures to be put in place by Member States to identify illegal terrorist content, to enable its swift removal by hosting service providers and to facilitate cooperation with the competent judicial and independent administrative authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 277 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Content disseminated for educational, journalistic, artistic or research purposes or awareness raising activities against terrorism shall be excluded.
Amendment 286 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'h‘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 informwhose main business activity consists in storing and making publicly available information provided by and at the request of the content provider. For the purpose of this Regulation, micro, small, and medium sized enterprises, electronic communications stored available to third parties;ervices, online marketplaces and infrastructure-as-a- service providers are not considered hosting service providers.
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) '‘illegal terrorist content' me’ refers to ansy one or more of the following information:ffence defined in articles 5 to 7 of Directive 2017/541 on combating terrorism;
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 329 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of illegal terrorist content’ means making illegal terrorist content available to third partiese public on the hosting service providers’ services;