21 Amendments of Nadja HIRSCH related to 2018/0331(COD)
Amendment 106 #
Proposal for a regulation
Recital 3
Recital 3
(3) The presence of illegal 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 responsibilities to protect their services from misuse by terrorists and to help tacklehe competent authorities tackle illegal terrorist content disseminated through their services.
Amendment 111 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should lay down specific obligations to hosting service providers exposed to a substantial amount of illegal terrorist content. The application of this Regulation should not affect the application of Article 14 and 15 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, or as a result of having been informed by the competent authority about the illegality of content should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 132 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation 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 third partiese public, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, and public file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviewspublicly available. Excluded from the scope of this Regulation are closed cloud and storage services, in particular business-to-business solutions, mere technical services such as file sharing and other cloud services, services that consist of selling goods online, and mere conduits and other electronic communication services within the meaning of Union law. The Regulation 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.
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Excluded from the scope of this Regulation are closed cloud and storage services, in particular business-to- business solutions, mere technical services such as file sharing and other cloud services, services that consist of selling goods online, and mere conduits and other electronic communication services within the meaning of Union law;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
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 third partiese public. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services and public file sharing services to the extent they make the information publicly available;
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'illegal terrorist content' means one or more of the following information:refers to information in relation to offences defined in Articles 5 to 12 in Directive 2017/541 on combating terrorism.
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making illegal terrorist content available to third partiese public on the hosting service providers’ services;
Amendment 238 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘competent authority’ means at least one designated national judicial authority in a Member State.
Amendment 249 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decision requiring the hosting service provider to remove illegal terrorist content or permanently disable access to it.
Amendment 281 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 284 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered illegal terrorist content, a URL and, where necessary, additional information enabling the identification of the illegal terrorist content referred.
Amendment 285 #
Proposal for a regulation
Article 5 – paragraph 5
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 permanently disable access to it.
Amendment 286 #
Proposal for a regulation
Article 5 – paragraph 6
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.
Amendment 287 #
Proposal for a regulation
Article 5 – paragraph 7
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.
Amendment 288 #
Proposal for a regulation
Article 6
Article 6
Amendment 336 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Safeguards regarding the use and implementation of proactive measuresillegal content removal
Amendment 339 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hHosting service providers use automated tools pursuant to this Regulation in respect of content that they store, they shallshall at all times provide effective and appropriate safeguards in order to ensure that decisions taken concerning that content, in particular decisions to remove or disable contentwhat is considered to be illegal terrorist content, are accurate and well-founded and to ensure that no legal content is removed.