11 Amendments of Jeroen LENAERS related to 2018/0331(COD)
Amendment 119 #
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Given the various practices in the Union, Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Given the speed at which terrorist content is disseminated across online services the effectiveness of removal of terrorist content depends on the swiftness of its removal. Therefore, this provision imposes obligations on hosting service providers following a legal removal order to ensure that terrorist content identified in the removal order is removed or access to it is disabled immediately and in any event within one hour from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 178 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure proportionality, the period of preservation should be limited to six monthsone year to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences. However, this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the six monthtwo years period upon request by the authority carrying out the review. This duration should process or the investigation and prosecution of terrorist offences. This duration should take into consideration the special nature of the removed content, which has already been deemed terrorist content after an assessment by the competent authority, and should therefore be sufficient to allow law enforcement authorities to preserve the necessary evidence in relation to investigationsorder to effectively investigate and prosecute, while ensuring the balance with the fundamental rights concerned.
Amendment 392 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it immediately and in any event within one hour from receipt of the removal order.
Amendment 441 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Consultation procedure for removal orders 1. The issuing authority shall submit a copy of the removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located at the same time it is transmitted to the hosting service provider in accordance with Article 4(5). 2. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider is located has reasonable grounds to believe that the removal order may impact fundamental interests of that Member State, it shall inform the issuing competent authority thereof and request the withdrawal of the removal order and shall inform the hosting service provider thereof. 3. In cases where the issuing authority deems it necessary to proceed with the removal order it shall take these circumstances into account and shall adapt the removal order in order to take the fundamental interests of the receiving Member State into consideration.
Amendment 476 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
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 requtake proactive measures, which may include automated tools, to protect their servicest and thereafter at least on an annual basis, on the specific proactive measures it has taken, including by using automated toolsgainst the dissemination of terrorist content in line with the conditions set out in paragraph 1 of this Article, with a view to:
Amendment 483 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) effectively preventing the re-upload ofappearance of the same content which has previously been removed or to which access has been disabled because it is considered to be terrorist content;
Amendment 496 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
The competent authority 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. 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 and shall allow for the evaluateion of the functioning of any automated tools used as well as the human oversight on them and verification mechanisms employed.
Amendment 504 #
Proposal for a regulation
Article 6 – paragraph 3
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 proportional 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.
Amendment 510 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. WAs a measure of last resort, 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 the obligation on the hosting service provider to take 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).
Amendment 540 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six monthsone year. 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).
Amendment 704 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) the size of the enterprise, the capacity and the financial strength of the legal or natural person held liable;