36 Amendments of Eva MAYDELL related to 2018/0331(COD)
Amendment 129 #
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 or contribution to terrorist offences, provides instructions for the commission of such offences or promoterrorist offences and content that is produced by, is attributable to or disseminated on behalf of an EU-listesd the participation in activities of a terrorist grouperrorist organisation or person. 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 131 #
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 makingthe dissemination of the information stored available to third parties, 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, 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 reviews. Providers of services such as online encyclopaedias, educational and scientific repositories, open source software developing platforms, cloud infrastructure service providers that do not have access to customer content and cloud providers (including business-to-business cloud services) that do not share content to the general public, and services at other layers of the Internet infrastructure than the application layer, should not be considered hosting service providers within the meaning of this Regulation. 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 160 #
Proposal for a regulation
Recital 19
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 as a last resort 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 as a last resort, 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.
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down uniform rules to address and prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular:
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – 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 swift removalto ensure the expeditious removal of terrorist content;;
Amendment 190 #
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 terrorist content, to enable its swiftexpeditious removal by hosting service providers and to facilitate cooperation with the competent authorities in other Member States, hosting service providers and where appropriate relevant Union bodies.
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
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.
Amendment 200 #
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 makdisseminating the information stored available to third parties;publicly to third parties; Providers of services that do not share content publicly to third parties, and services at other layers of the Internet infrastructure than the application layer, shall not be considered as hosting service providers within the meaning of this Regulation.
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following information: content produced by a terrorist group, listed in the European Union list of designated terrorist organisations, including:
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocatingadvocating the commission of terrorist offences, includiting byor glorifying, the commission of terrorist offences, thereby causing a danger that such acts be committed;
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services; Content disseminated for educational, scientific or documentary purposes, and for purposes for anti- radicalisation. and counter-narratives shall be adequately protected.
Amendment 239 #
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 a designated national authority in the Member State.
Amendment 258 #
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 within one hour fromexpeditiously but no later than six hours after the receipt of the removal order.
Amendment 264 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) aA detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5) shall be systematically included in each removal order;
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. If the hosting service provider cannot comply with the removal order becausein instances when the removal order contains manifest errors or does not contain sufficient information to execute the order, it shall inform the competent authority without undue dimmediatelay, asking for the necessary clarification, using the template set out in Annex III. The deadline set out in paragraph 2 shall apphosting service provider shall remove the terrorist content or disable access to it expeditiously as soon as the clarification to the removal order is provided.
Amendment 283 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The referral shall contain sufficiently detailed information, including thea detailed statement of reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred.
Amendment 296 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriatedepending on the risk and level of exposure to terrorist content, 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.
Amendment 299 #
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 threesix 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:
Amendment 301 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
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, unless such content has been re-uploaded for educational, scientific or documentary purposes, and for anti-radicalisation and counter-narratives purposes;
Amendment 303 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 315 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) ato 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.
Amendment 317 #
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 months. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when and for as long asspecifically defined longer period when necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 326 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers, competent authorities and relevant Union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Transparency reports of hosting service providers shall include at least the following information:
Amendment 331 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) number of pieces of terrorist content removed or to which access has been disabled, following removal orders, or where relevant referrals, or and proactive measures, respectively;
Amendment 334 #
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(d a) Transparency reports of competent authorities and relevant Union bodies shall include information on the number of removal orders and referrals issues, and on their use of the terrorist content, which has been preserved pursuant to Article 7 for the prevention, detection, investigation and prosecution of terrorist offences.
Amendment 342 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. HThe relevant Union bodies and competent authorities shall, in co- operation with hosting service providers shall, establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a removal order pursuant to Article 4 or 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.
Amendment 353 #
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 355 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where hosting service providers become aware of any evidence imminent threat to life or lives as a result of terrorist offences, they shall promptly inform the authoritiesy competent for the investigation and prosecution in criminal offences in the concerned Member State or the point of contact in the Member State pursuant to Article 14(2), where they have their main establishment or a legal representative. Hosting service providers may, in case of doubt, transmit this information to Europol for appropriate follow up.
Amendment 364 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the authority ora single authoritiesy competent to
Amendment 370 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall lay down the rules on penalties applicable to breaches of the obligations by hosting service providers under this Regulation and shall take all necessary measures to ensure that they are implemented. Such penalties shall be limited to infringement of the obligations pursuant toensure that the penalties are not criminal in nature and that, when determining the type and level of penalties, the competent authorities take into account all relevant circumstances, including:
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
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);