8 Amendments of Philippe JUVIN related to 2018/0331(COD)
Amendment 102 #
Proposal for a regulation
Recital 2
Recital 2
(2) Hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information, opinions and ideas, contributing significantly to innovation, economic growth and job creation in the Union. However, their services are in certain cases abused by third parties to carry out illegal activities online. Of particularA matter of extreme concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message, to radicalise and recruit and to facilitate and direct terrorist activity.
Amendment 110 #
Proposal for a regulation
Recital 4
Recital 4
(4) Efforts at Union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between Member States and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem. This legislative framework seeks to build on voluntary efforts, which were reinforced by the Commission Recommendation (EU) 2018/3347, and responds to calls made by the European Parliament to strengthen measures to tackle illegal and harmful content and by the European Council to improve the automatic detection and to allow the immediate removal of content that incites to terrorist acts. _________________ 7 Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 128 #
Proposal for a regulation
Recital 9
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 should establish a definition of terrorist content for preventative purposes drawing 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 online, the definition should capture material and information that incites, encourages or advocates the commission of or contribution to terrorist offences, provides instructions for the commission of such offences, glorify or contribute to the justification of terrorism, or promotes the participation in the activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, 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. 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. _________________ 9 Directive (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).
Amendment 187 #
Proposal for a regulation
Article premier – paragraph 1 – point a
Article premier – paragraph 1 – point a
(a) rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure, where necessary, its swiftimmediate removal;
Amendment 251 #
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 immediately to remove terrorist content or disable access to it.
Amendment 351 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevant Union bodies such as Europol with regard to removal orders and referrals to avoid duplication, enhance coordination and avoid interference with investigations in different Member States.
Amendment 352 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Member States and hosting service providers may choose to make use of dedicated tools, including, where appropriate, those established by relevant Union bodies such as Europol, to facilitate in particular:
Amendment 357 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where hosting service providers become aware of any evidence of terrorist offences, they shall promptly inform the authorities competentresponsible for the investigation and prosecution inof criminal offences in the concerned Member State concerned or the point of contact in the Member State pursuant to Article 14(2), in the Member State where they have their main establishment or a legal representative. Hosting service providers may, in case of doubt,shall transmit this information to Europol for appropriate follow -up.