European Parliament 2019-2024

Committee on Civil Liberties, Justice and Home Affairs

2020/2022(INI)

24.6.2020

AMENDMENTS 1 - 267

Draft report Kris Peeters (PE650.509v01-00)

Digital Services Act and fundamental rights issues posed (2020/2022(INI))

AM\1208140EN.docx PE653.762v02-00

EN United in diversityEN AM_Com_NonLegReport

PE653.762v02-00 2/133 AM\1208140EN.docx EN Amendment 1 Marina Kaljurand, Tanja Fajon, Birgit Sippel, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Citation 3

Motion for a resolution Amendment

— having regard to the Charter of — having regard to the Charter of Fundamental Rights of the European Fundamental Rights of the European Union, in particular Article 6, Article 7, Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 22 Article 8, Article 11, Article 13, Article 21, and Article 24 thereof, Article 22, Article 23, Article 24, Article 25 and Article 26 thereof,

Or. en

Amendment 2 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Citation 3

Motion for a resolution Amendment

— having regard to the Charter of — having regard to the Charter of Fundamental Rights of the European Fundamental Rights of the European Union, in particular Article 6, Article 7, Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 22 Article 8, Article 11, Article 13, Article 21, and Article 24 thereof, Article 22, Article 24 and Article 38 thereof,

Or. en

Amendment 3 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Citation 5

Motion for a resolution Amendment

— having regard to Regulation (EU) — having regard to Regulation (EU) 2016/679 of the European Parliament and 2016/679 of the European Parliament and

AM\1208140EN.docx 3/133 PE653.762v02-00 EN of the Council of 27 April 2016 on the of the Council of 27 April 2016 on the protection of natural persons with regard to protection of natural persons with regard to the processing of personal data and on the the processing of personal data and on the free movement of such data, and repealing free movement of such data, and repealing Directive 95/46/EC (‘General Data Directive 95/46/EC (‘General Data Protection Regulation’)2 , Protection Regulation’, GDPR)2 , ______2 OJ L 119 4.5.2016, p. 1. 2 OJ L 119 4.5.2016, p. 1.

Or. en

Amendment 4 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Citation 6 a (new)

Motion for a resolution Amendment

— having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)3a, ______3a OJ L 95, 15.4.2010, p. 1–24

Or. en

Amendment 5 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Citation 7 c (new)

Motion for a resolution Amendment

— having regard to Directive (EU) 2018/1808 on the coordination of certain provisions laid down by law, regulation or

PE653.762v02-00 4/133 AM\1208140EN.docx EN administrative action in Member States concerning the provision of audiovisual media services (‘Audiovisual Media Services Directive’) in view of changing market realities;

Or. en

Amendment 6 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Citation 8 a (new)

Motion for a resolution Amendment

— having regard to Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)1a in view of changing market realities; ______1a OJ L 303, 28.11.2018, p. 69–92

Or. en

Amendment 7 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Citation 7

Motion for a resolution Amendment

— having regard to Directive deleted 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual

AM\1208140EN.docx 5/133 PE653.762v02-00 EN exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA4 , ______4 OJ L 335. 17.12.2011, p.1.

Or. en

Amendment 8 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Citation 7

Motion for a resolution Amendment

— having regard to Directive deleted 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA4 , ______4 OJ L 335. 17.12.2011, p.1.

Or. en

Amendment 9 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Citation 7 a (new)

Motion for a resolution Amendment

— having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC ('Copyright

PE653.762v02-00 6/133 AM\1208140EN.docx EN Directive'),1 a ______1 a OJ L 130, 17.5.2019, p. 92.

Or. fr

Amendment 10 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Citation 7 d (new)

Motion for a resolution Amendment

— having regard to Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market;

Or. en

Amendment 11 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Citation 7 a (new)

Motion for a resolution Amendment

— having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177 final);

Or. en

Amendment 12 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Citation 7 a (new)

AM\1208140EN.docx 7/133 PE653.762v02-00 EN Motion for a resolution Amendment

— having regard to the judgement of the Court of Justice of 24 November 2011 in case C-70/105a, ______5a Judgement of the Court of Justice of 24 November 2011, Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM)

Or. en

Amendment 13 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Citation 7 b (new)

Motion for a resolution Amendment

— having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018;

Or. en

Amendment 14 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Citation 8

Motion for a resolution Amendment

— having regard to the judgment of deleted the Court of Justice of 3 October 2019 in case C-18/185 , ______5 Judgment of the Court of Justice of 3⁰October 2019, Eva Glawischnig- Piesczek v Facebook Ireland Limited, C-

PE653.762v02-00 8/133 AM\1208140EN.docx EN 18/18, ECLI:EU:C:2019:821.

Or. en

Amendment 15 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Citation 8

Motion for a resolution Amendment

— having regard to the judgment of — having regard to the relevant case the Court of Justice of 3 October 2019 in law of the Court of Justice of the case C-18/185 , European Union, ______5 Judgment of the Court of Justice of 3⁰October 2019, Eva Glawischnig- Piesczek v Facebook Ireland Limited, C- 18/18, ECLI:EU:C:2019:821.

Or. en

Amendment 16 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital -A (new)

Motion for a resolution Amendment

-A. whereas fundamental rights, such as protection of privacy and personal data, the principle of non-discrimination, as well as freedom of expression and information, need to be ingrained at the core of a successful and durable European policy on digital services; whereas these rights need to be seen both in the letter of the law, as well as the spirit of their implementation;

Or. en

AM\1208140EN.docx 9/133 PE653.762v02-00 EN Amendment 17 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital A b (new)

Motion for a resolution Amendment

Ab. recital -Aa whereas the trust of users can only be gained by digital services that respect their fundamental rights, thus ensuring both uptake of services, as well as a competitive advantage and stable business models for companies;

Or. en

Amendment 18 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the data protection rules B. whereas the data protection rules applicable to all providers offering digital applicable to all providers offering digital services in the EU’s territory were recently services in the EU’s territory were recently updated and harmonised across the EU updated and harmonised across the EU with the General Data Protection with the General Data Protection Regulation; Regulation; whereas the Digital Services Act should apply without prejudice to the rules laid down in the General Data Protection Regulation and in other instruments, such as the Copyright Directive;

Or. fr

Amendment 19 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

PE653.762v02-00 10/133 AM\1208140EN.docx EN Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the data protection rules B. whereas the data protection rules applicable to all providers offering digital applicable to all providers offering digital services in the EU’s territory were recently services in the EU’s territory were recently updated and harmonised across the EU updated and harmonised across the EU with the General Data Protection with the General Data Protection Regulation; Regulation, its enforcement needs to be strengthened;

Or. en

Amendment 20 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital B a (new)

Motion for a resolution Amendment

Ba. whereas the privacy rules in the electronic communication sector, as set out in the Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector, are currently under revision;

Or. en

Amendment 21 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital B a (new)

Motion for a resolution Amendment

Ba. whereas privacy rules with regards to electronic communications, which cover part of the digital services under

AM\1208140EN.docx 11/133 PE653.762v02-00 EN discussion, are covered by the ePrivacy Directive and would be further harmonised under the ePrivacy Regulation;

Or. en

Amendment 22 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the amount of user- C. whereas the amount of user- generated content, including harmful and generated content, including harmful and illegal content, shared via cloud services or illegal content, such as images depicting online platforms has increased Child Sexual Abuse Material (CSAM) exponentially; online, shared via cloud services or online platforms has increased exponentially at an unprecedented pace;

Or. en

Amendment 23 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the amount of user- C. whereas the amount of services generated content, including harmful and available and users' activities, including illegal content, shared via cloud services or illegal services and activities, shared via online platforms has increased cloud services or online platforms, has exponentially; increased exponentially;

Or. en

Amendment 24

PE653.762v02-00 12/133 AM\1208140EN.docx EN Kris Peeters, Paulo Rangel

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the amount of user- C. whereas the amount of user- generated content, including harmful and generated content, including harmful and illegal content, shared via cloud services or illegal content, shared via online platforms, online platforms has increased including cloud services, has increased exponentially; exponentially;

Or. en

Amendment 25 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the amount of user- C. whereas the amount of all types of generated content, including harmful and user-generated content, including illegal illegal content, shared via cloud services or content, shared via cloud services or online online platforms has increased platforms has increased exponentially; exponentially;

Or. en

Amendment 26 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the amount of user- C. whereas the spread of legal and generated content, including harmful and illegal content, shared via cloud services or illegal content, shared via cloud services or online platforms, has been facilitated by online platforms has increased advanced technologies; exponentially;

AM\1208140EN.docx 13/133 PE653.762v02-00 EN Or. en

Amendment 27 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann, Paul Tang

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas the use of personal data for the purposes of individual profiling, and its subsequent repurposing, even when seemingly innocuous data is collected from the digital traces of individuals, can be mined in a way that can generate insights that can enable very intimate personal information to be inferred at a very high level of accuracy, especially when these data are merged with other data sets;

Or. en

Amendment 28 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital C b (new)

Motion for a resolution Amendment

Cb. whereas social media and other content distribution platforms utilise profiling techniques to target and distribute their content, as well as advertisements; whereas the automated algorithms decide how to handle, prioritise, distribute and delete third-party content on online platforms, including during political and electoral campaigns;

Or. en

PE653.762v02-00 14/133 AM\1208140EN.docx EN Amendment 29 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital C c (new)

Motion for a resolution Amendment

Cc. whereas the proliferation of disinformation, even propaganda online, has been aided by platforms whose very business model is based on profiting from collection and analysis of user data; whereas consequently promoting spreadable, sensationalist content forms part of their business logic, and pushes them to generate more traffic and ‘clicks’, and, in turn, generate more profiling data and thus more profit;

Or. en

Amendment 30 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital C d (new)

Motion for a resolution Amendment

Cd. whereas the Cambridge Analytica and Facebook scandals revealed how user data had been used to micro-target certain voters with political advertising, and at times, even with targeted disinformation, therefore showing the danger of opaque data processing operations of online platforms;

Or. en

Amendment 31 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution

AM\1208140EN.docx 15/133 PE653.762v02-00 EN Recital C e (new)

Motion for a resolution Amendment

Ce. whereas the widespread use of algorithms for content filtering and content removal processes also raises rule of law concerns, questions of legality, legitimacy and proportionality;

Or. en

Amendment 32 Malin Björk

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas a small number of mostly D. whereas a small number of mostly non-European service providers have non-European large service providers have significant market power and exert an increasing capacity to influence public influence on the rights and freedoms of opinion and exert influence on the rights individuals, our societies and democracies; and freedoms of individuals, our societies and democracies; whereas, more specifically, large platforms’ decisions can have far-reaching consequences for the exercise of freedom of expression and information, and for media freedom and pluralism;

Or. en

Amendment 33 Beata Kempa, Patryk Jaki

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas a small number of mostly D. whereas a small number of mostly non-European service providers have non-European service providers have significant market power and exert monopoly over the market and exert

PE653.762v02-00 16/133 AM\1208140EN.docx EN influence on the rights and freedoms of influence on the rights and freedoms of individuals, our societies and democracies; individuals, our societies and democracies, thus also giving them enormous influence on the functioning of all Community countries and their citizens;

Or. pl

Amendment 34 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas a small number of mostly D. whereas a small number of mostly non-European service providers have non-European service providers have significant market power and exert significant market power and exert influence on the rights and freedoms of influence on the rights and freedoms of individuals, our societies and democracies; individuals, our societies and democracies; whereas such service providers have to comply with the GDPR when offering services in the Union:

Or. en

Amendment 35 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas a small number of mostly D. whereas a small number of mostly non-European service providers have non-European service providers have significant market power and exert significant market power and exert influence on the rights and freedoms of influence over suppliers and control how individuals, our societies and democracies; information, services and products are presented, thereby having an impact on the rights and freedoms of individuals, and our societies;

AM\1208140EN.docx 17/133 PE653.762v02-00 EN Or. en

Amendment 36 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the political approach to E. whereas the political approach to tackle harmful and illegal content online in tackle harmful and illegal content online in the EU has mainly focused on voluntary the EU has mainly focused on voluntary cooperation thus far, but a growing number cooperation thus far, but a growing number of Member States are adopting national of Member States are adopting national legislation to address illegal content; legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at EU level;

Or. en

Amendment 37 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the political approach to E. whereas the political approach to tackle harmful and illegal content online tackle illegal content online in the EU has in the EU has mainly focused on voluntary mainly focused on voluntary cooperation cooperation thus far, but a growing number thus far, but a growing number of Member of Member States are adopting national States are adopting national legislation to legislation to address illegal content; address illegal content in a non- harmonised manner;

Or. en

Amendment 38 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

PE653.762v02-00 18/133 AM\1208140EN.docx EN Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the political approach to E. whereas the policy approach to tackle harmful and illegal content online in tackle harmful and illegal activities online the EU has mainly focused on voluntary in the EU has mainly focused on voluntary cooperation thus far, but a growing number cooperation thus far, but a growing number of Member States are adopting national of Member States are adopting national legislation to address illegal content; legislation to address illegal content;

Or. en

Amendment 39 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the political approach to E. whereas the approach to tackle tackle harmful and illegal content online illegal content online in the EU is based on in the EU has mainly focused on court order mandated takedowns, but a voluntary cooperation thus far, but a growing number of Member States are growing number of Member States are adopting further national legislation to adopting national legislation to address address illegal content; illegal content;

Or. en

Amendment 40 Magdalena Adamowicz

Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas online hate speech and disinformation have grown increasingly widespread in recent years as individuals and disruptive actors use the power of

AM\1208140EN.docx 19/133 PE653.762v02-00 EN online platforms to spread hateful or false information; whereas this harms the collective public interest as harmful content undermines respectful and honest public discourse, and poses threats to public safety given that online hate speech can incite real-world violence;

Or. en

Amendment 41 Magdalena Adamowicz

Motion for a resolution Recital E b (new)

Motion for a resolution Amendment

Eb. whereas online hate speech and disinformation are increasingly being used as tools to increase social polarization, which is in turn exploited for political purposes; whereas combating them is not only relevant to the domain of human rights, but is also a fundamental factor in terms of the defence of the rule of law and democracy in the EU;

Or. en

Amendment 42 Nadine Morano

Motion for a resolution Recital F

Motion for a resolution Amendment

F. whereas some forms of harmful deleted content may be legal, yet detrimental to society or democracy, with examples such as opaque political advertising and disinformation on COVID-19 causes and remedies;

PE653.762v02-00 20/133 AM\1208140EN.docx EN Or. fr

Amendment 43 Beata Kempa, Patryk Jaki

Motion for a resolution Recital F

Motion for a resolution Amendment

F. whereas some forms of harmful F. whereas some forms of harmful content may be legal, yet detrimental to content may be legal, yet detrimental to society or democracy, with examples such society or democracy; as opaque political advertising and disinformation on COVID-19 causes and remedies;

Or. pl

Amendment 44 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital F

Motion for a resolution Amendment

F. whereas some forms of harmful F. whereas some forms of content are content may be legal, yet detrimental to legal, yet may have negative effects society or democracy, with examples such on society or democracy, with examples as opaque political advertising and such as opaque political advertising and disinformation on COVID-19 causes and disinformation; remedies;

Or. en

Amendment 45 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital F

AM\1208140EN.docx 21/133 PE653.762v02-00 EN Motion for a resolution Amendment

F. whereas some forms of harmful F. whereas some harmful content may content may be legal, yet detrimental to be detrimental to society or democracy, yet society or democracy, with examples such be legal, with examples such as opaque as opaque political advertising and political advertising and disinformation on disinformation on COVID-19 causes and COVID-19 causes and remedies; remedies;

Or. en

Amendment 46 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital F

Motion for a resolution Amendment

F. whereas some forms of harmful F. whereas some forms of content may content may be legal, yet detrimental to be legal, yet detrimental to society or society or democracy, with examples such democracy, with examples such as opaque as opaque political advertising and political advertising and disinformation on disinformation on COVID-19 causes and COVID-19 causes and remedies; remedies;

Or. en

Amendment 47 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital G

Motion for a resolution Amendment

G. whereas a pure self-regulatory G. whereas a pure self-regulatory approach of platforms does not provide approach of platforms does not provide adequate transparency to public authorities, legitimacy or adequate transparency and civil society and users on how platforms proper information to public authorities, address illegal and harmful content; civil society and users on how platforms whereas such an approach does not address illegal content and content that is guarantee compliance with fundamental deleted against violations of terms and rights; conditions; whereas such an approach does not guarantee compliance with

PE653.762v02-00 22/133 AM\1208140EN.docx EN fundamental rights and creates a risk of excessive interference with the right of freedom of expression and creates a problematic situation where law enforcement responsibilities are handed over to private parties;

Or. en

Amendment 48 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital G

Motion for a resolution Amendment

G. whereas a pure self-regulatory G. whereas a pure self-regulatory approach of platforms does not provide approach of platforms does not provide adequate transparency to public authorities, adequate transparency, accountability and civil society and users on how platforms oversight to public authorities, civil society address illegal and harmful content; and users on how platforms address illegal whereas such an approach does not content and how they curate content in guarantee compliance with fundamental general; whereas such approaches may not rights; guarantee compliance with fundamental rights;

Or. en

Amendment 49 Beata Kempa, Patryk Jaki

Motion for a resolution Recital G

Motion for a resolution Amendment

G. whereas a pure self-regulatory (Does not affect the English version.) approach of platforms does not provide adequate transparency to public authorities, civil society and users on how platforms address illegal and harmful content; whereas such an approach does not guarantee compliance with fundamental

AM\1208140EN.docx 23/133 PE653.762v02-00 EN rights;

Or. pl

Amendment 50 Moritz Körner

Motion for a resolution Recital G

Motion for a resolution Amendment

G. whereas a pure self-regulatory G. whereas a pure self-regulatory approach of platforms does not provide approach of platforms may not provide adequate transparency to public authorities, adequate transparency to public authorities, civil society and users on how platforms civil society and users on how platforms address illegal and harmful content; address illegal and harmful content; whereas such an approach does not whereas such an approach may not guarantee compliance with fundamental guarantee compliance with fundamental rights; rights;

Or. en

Amendment 51 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital G

Motion for a resolution Amendment

G. whereas a pure self-regulatory G. whereas a pure self-regulatory approach of platforms does not provide approach of platforms does not provide adequate transparency to public authorities, adequate transparency to public authorities, civil society and users on how platforms civil society and users on how platforms address illegal and harmful content; address illegal activities; whereas such an whereas such an approach does not approach does not guarantee compliance guarantee compliance with fundamental with fundamental rights; rights;

Or. en

Amendment 52

PE653.762v02-00 24/133 AM\1208140EN.docx EN Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital H

Motion for a resolution Amendment

H. whereas regulatory oversight and H. whereas regulatory oversight and supervision of platforms lacks horizontal supervision is sector-specific in the EU; coordination between the different whereas further and more comprehensive oversight bodies across the EU; coordination between the different oversight bodies across the EU would be beneficial;

Or. en

Amendment 53 Beata Kempa, Patryk Jaki

Motion for a resolution Recital I

Motion for a resolution Amendment

I. whereas the absence of uniform deleted and transparent rules for procedural safeguards across the EU is a key obstacle for persons affected by illegal content online and content providers seeking to exercise their rights;

Or. pl

Amendment 54 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital I

Motion for a resolution Amendment

I. whereas the absence of uniform deleted and transparent rules for procedural safeguards across the EU is a key obstacle for persons affected by illegal content

AM\1208140EN.docx 25/133 PE653.762v02-00 EN online and content providers seeking to exercise their rights;

Or. en

Amendment 55 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital I

Motion for a resolution Amendment

I. whereas the absence of uniform and I. whereas the absence of uniform and transparent rules for procedural safeguards transparent rules for procedural safeguards across the EU is a key obstacle for persons across the EU is a key obstacle for persons affected by illegal content online and affected by illegal activities online and content providers seeking to exercise their content providers, including users, seeking rights; to exercise their rights;

Or. en

Amendment 56 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Recital J

Motion for a resolution Amendment

J. whereas the lack of robust public J. whereas the lack of robust public data on the prevalence and removal of data on the prevalence and removal of illegal and harmful content online creates a illegal and harmful content online creates a deficit of accountability; deficit of accountability, both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;

Or. en

Amendment 57 Beata Kempa, Patryk Jaki

PE653.762v02-00 26/133 AM\1208140EN.docx EN Motion for a resolution Recital J

Motion for a resolution Amendment

J. whereas the lack of robust public J. whereas the lack of robust public data on the prevalence and removal of data on the prevalence and removal of illegal and harmful content online creates a illegal and harmful content online, as well deficit of accountability; as the lack of proper transparency from internet platforms and services as to the algorithms they use, creates a deficit of accountability;

Or. pl

Amendment 58 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital J

Motion for a resolution Amendment

J. whereas the lack of robust public J. whereas the lack of comparable, data on the prevalence and removal of robust public data on the prevalence and illegal and harmful content online creates a both court mandated and self-regulatory deficit of accountability; removal of illegal and harmful content online creates a deficit of transparency and accountability;

Or. en

Amendment 59 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital J

Motion for a resolution Amendment

J. whereas the lack of robust public J. whereas the lack of robust public data on the prevalence and removal of data on notices and follow-up by illegal and harmful content online creates competent authorities about, and data on

AM\1208140EN.docx 27/133 PE653.762v02-00 EN a deficit of accountability; the prevalence and removal of illegal content online creates a deficit of accountability;

Or. en

Amendment 60 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital J a (new)

Motion for a resolution Amendment

Ja. whereas persons of colour, persons belonging to or who are perceived to belong to ethnic or linguistic minorities, asylum seekers, migrants, LGBTIQ persons and women often experience high levels of discriminatory hate speech, bullying, threats and scapegoating online and run high risks of experiencing so- called "shit storms";

Or. en

Amendment 61 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Recital J b (new)

Motion for a resolution Amendment

Jb. whereas algorithms used for automated decision-making or profiling often reproduce existing discriminatory patterns in society, thereby leading to a high risk of exacerbated discrimination for persons already affected.

Or. en

PE653.762v02-00 28/133 AM\1208140EN.docx EN Amendment 62 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital K

Motion for a resolution Amendment

K. whereas child sexual exploitation deleted online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;

Or. en

Amendment 63 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Recital K

Motion for a resolution Amendment

K. whereas child sexual exploitation deleted online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;

Or. en

Amendment 64 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Recital K

Motion for a resolution Amendment

AM\1208140EN.docx 29/133 PE653.762v02-00 EN K. whereas child sexual exploitation K. whereas child sexual exploitation online is shaped by technological online is shaped by technological developments; whereas the vast amount of developments; whereas the vast amount of child sexual abuse material circulating child sexual abuse material circulating online poses serious challenges for online poses serious challenges for detection, investigation and, most of all, detection, investigation and, most of all, victim identification efforts; victim identification efforts; whereas the lockdown resulting from the Covid-19 health crisis has seen a 106% rise in online traffic in child pornography according to Europol1 a; ______1 a Catherine de Bolle, Executive Director of Europol, in an exchange of views with Parliament's LIBE Committee on 18 May 2020.

Or. fr

Amendment 65 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Recital K

Motion for a resolution Amendment

K. whereas child sexual exploitation K. whereas child sexual exploitation online is shaped by technological online is shaped by technological developments; whereas the vast amount of developments, such as the increased use child sexual abuse material circulating of end-to-end encryption and the dark online poses serious challenges for web; whereas the vast amount of child detection, investigation and, most of all, sexual abuse material circulating online victim identification efforts; poses serious challenges for detection, investigation and, most of all, victim identification efforts;

Or. en

Amendment 66 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital K

PE653.762v02-00 30/133 AM\1208140EN.docx EN Motion for a resolution Amendment

K. whereas child sexual exploitation K. whereas child sexual exploitation online is shaped by technological online is one of the forms of illegal developments; whereas the vast amount of content shaped by technological child sexual abuse material circulating developments; whereas the vast amount of online poses serious challenges for child sexual abuse material circulating detection, investigation and, most of all, online poses serious challenges for victim identification efforts; detection, investigation and, most of all, victim identification efforts;

Or. en

Amendment 67 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Recital L

Motion for a resolution Amendment

L. whereas according to the Court of deleted Justice of the European Union (CJEU), jurisprudence host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful, and should thus be removed following an order from a Member State;

Or. en

Amendment 68 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital L

Motion for a resolution Amendment

L. whereas according to the Court of L. whereas according to the Court of Justice of the European Union (CJEU), Justice of the European Union (CJEU), jurisprudence host providers may have jurisprudence host providers may have

AM\1208140EN.docx 31/133 PE653.762v02-00 EN recourse to automated search tools and recourse to automated search tools and technologies to assess if content is technologies to assess if content is equivalent to content previously declared equivalent to content previously declared unlawful, and should thus be removed unlawful, as long as it does not result in following an order from a Member State; monitoring generally the information which it stores, or in actively seeking facts or circumstances indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31; whereas such content should be removed following a court order from a Member State;

Or. en

Amendment 69 Beata Kempa, Patryk Jaki

Motion for a resolution Recital L

Motion for a resolution Amendment

L. whereas according to the Court of L. whereas automated search tools Justice of the European Union (CJEU), and technologies to assess if content is jurisprudence host providers may have equivalent to content previously declared recourse to automated search tools and unlawful are unreliable and do not technologies to assess if content is provide adequate protection for freedom equivalent to content previously declared of expression and civil liberties online; unlawful, and should thus be removed whereas any attempt to proactively filter following an order from a Member State; content should be limited, and any automatic deletion of content must always be carried out under human supervision and action;

Or. pl

Amendment 70 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Recital L

Motion for a resolution Amendment

L. whereas according to the Court of L. whereas according to the Court of

PE653.762v02-00 32/133 AM\1208140EN.docx EN Justice of the European Union (CJEU), Justice of the European Union (CJEU) jurisprudence host providers may have jurisprudence, host providers may have recourse to automated search tools and recourse to automated search tools and technologies to assess if content is technologies to assess if content is equivalent to content previously declared equivalent to content previously declared unlawful, and should thus be removed unlawful, and should thus be removed following an order from a Member State; following an order from a Member State, but they are not obliged to use such automated tools;

Or. en

Amendment 71 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Recital L a (new)

Motion for a resolution Amendment

La. whereas a trusted electronic identification is elementary to ensure secure access to digital services and to carry out electronic transactions in a safer way; whereas currently only 15 Member States have notified an electronic identity scheme for cross-border recognition in the framework of the Regulation (EU) 910/2014;

Or. en

Amendment 72 Beata Kempa, Patryk Jaki

Motion for a resolution Recital L a (new)

Motion for a resolution Amendment

La. whereas the internet and internet platforms are still a key location for terrorist groups’ activities, and they are used as a tool for sowing propaganda, recruitment and promotion of their

AM\1208140EN.docx 33/133 PE653.762v02-00 EN activities;

Or. pl

Amendment 73 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 (new)

Motion for a resolution Amendment

-1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union;

Or. en

Amendment 74 Moritz Körner

Motion for a resolution Paragraph -1 (new)

Motion for a resolution Amendment

-1. Stresses that the reform of the current liability regime for digital service providers must be proportionate, must not disadvantage small and medium sized companies, and must not limit innovation, access to information, and freedom of expression.

Or. en

PE653.762v02-00 34/133 AM\1208140EN.docx EN Amendment 75 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 a (new)

Motion for a resolution Amendment

-1a. Emphasises that the rapid development of digital services requires strong legislation to protect privacy; stresses therefore in this regard that all digital services need to fully respect Union data protection and privacy law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy) currently under revision, and the freedom of expression;

Or. en

Amendment 76 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 b (new)

Motion for a resolution Amendment

-1b. Stresses that in line with the principle of data minimisation established by the General Data Protection Regulation, the Digital Services Act shall require intermediaries to enable the anonymous use of their services and payment for them wherever it is technically possible, as anonymity effectively prevents unauthorized disclosure, identity theft and other forms of abuse of personal data collected online; only where existing legislation requires businesses to communicate their identity, providers of major market places could be

AM\1208140EN.docx 35/133 PE653.762v02-00 EN obliged to verify their identity, while in other cases the right to use digital services anonymously shall be upheld;

Or. en

Amendment 77 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 c (new)

Motion for a resolution Amendment

-1c. Notes that since the online activities of an individual allow for deep insights into their personality and make it possible to manipulate them, the general and indiscriminate collection of personal data concerning every use of a digital service interferes disproportionately with the right to privacy and the protection of personal data; confirms that users have a right not to be subject to pervasive tracking when using digital services; stresses that in the spirit of the jurisprudence on communications metadata, public authorities shall be given access to a user’s subscriber and metadata only to investigate suspects of serious crime with prior judicial authorisation;

Or. en

Amendment 78 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 d (new)

Motion for a resolution Amendment

PE653.762v02-00 36/133 AM\1208140EN.docx EN -1d. Is concerned that single sign-in services can be used to track users across platforms; therefore opposes the creation of a single Union sign-in system; recommends that providers which support a single sign-in service with a dominant market share should be required to also support at least one open and federated identity system based on a non-proprietary framework;

Or. en

Amendment 79 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph -1 e (new)

Motion for a resolution Amendment

-1e. Stresses that in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of dominant social media services and messaging services shall be given a right to cross-platform interaction via open interfaces (interconnectivity); highlights that these users shall be able to interact with users of alternative services, and that the users of alternative services shall be allowed to interact with them;

Or. en

Amendment 80 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that illegal content online 1. Urges the Commission to adopt a

AM\1208140EN.docx 37/133 PE653.762v02-00 EN should be tackled with the same rigour as comprehensive and tailored regulatory illegal content offline; approach to address all challenges raised by the diversity of actors and services offered online; in particular, stresses that the new horizontal framework should distinguish commercial activities on online market places from other intermediaries’ activities that have an impact on the freedom of expression and information; considers essential to apply different regulatory approaches to illegal and legal content. Stresses that illegal activities online should be tackled with the same rigour as illegal activities offline, and with the same guarantees for citizens;

Or. en

Amendment 81 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that illegal content online 1. Stresses that illegal content online should be tackled with the same rigour as is the same as illegal content offline; takes illegal content offline; therefore the position that any legally mandated content moderation measure in the Digital Services Act should concern only illegal content, as it is defined in European or national law, and the legislative text should not include any legally vague and undefined terms, such as “harmful content”, as targeting such content would put fundamental rights and freedom of speech at serious risk and put the service providers in a legally unclear position;

Or. en

Amendment 82 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando

PE653.762v02-00 38/133 AM\1208140EN.docx EN Benifei

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that illegal content online 1. Stresses that illegal content and should be tackled with the same rigour as cyber-enabled crimes, such as child illegal content offline; sexual exploitation online, should be tackled with the same rigour as illegal content and behaviour offline;

Or. en

Amendment 83 Moritz Körner

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that illegal content online 1. Stresses that illegal content online should be tackled with the same rigour as should be tackled with the same rigour and illegal content offline; based on the same legal principles as illegal content offline;

Or. en

Amendment 84 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Points out that the Digital Services Act shall not use the legally undefined concept of “harmful content”, but shall address the publication of content that is unlawful; emphasizes that the spreading of false statements on social media should be contained by giving users control over

AM\1208140EN.docx 39/133 PE653.762v02-00 EN content proposed to them; stresses that curating content on the basis of tracking user actions shall require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms shall provide users with an interface to have content curated by software or services of their choice

Or. en

Amendment 85 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Paragraph -1. Underlines that the modernisation of current e-Commerce rules can inevitably affect fundamental rights, including the protection of privacy and personal data, the freedom of expression and information, equality and non-discrimination, freedom of thought, conscience and religion, freedom of assembly and association, freedom of the arts and sciences, and the right to an effective remedy; therefore urges the Commission to be extremely vigilant in its approach and also integrate international human rights standards into its revision;

Or. en

Amendment 86 Moritz Körner

Motion for a resolution Paragraph 1 a (new)

PE653.762v02-00 40/133 AM\1208140EN.docx EN Motion for a resolution Amendment

1a. Is convinced that it is solely the task of democratically accountable competent public authorities to decide on the legality of content online.

Or. en

Amendment 87 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann, Paul Tang

Motion for a resolution Paragraph 1 b (new)

Motion for a resolution Amendment

1b. Paragraph -1a. Notes how the current digital ecosystem encourages also problematic behaviour, such as hate speech and disinformation; is concerned how promoting controversial content has become the key to the targeted advertisement-based business models, where sensational and polarising content maximises the screen time of users, generating more profiling data, more advertising hours, and therefore more profits; underlines how this type of a business model can have very intrusive and negative effects, not only on individuals and their fundamental rights, but societies as a whole;

Or. en

Amendment 88 Moritz Körner

Motion for a resolution Paragraph 1 b (new)

Motion for a resolution Amendment

1b. Stresses that digital service

AM\1208140EN.docx 41/133 PE653.762v02-00 EN providers must only be mandated to take their users’ content offline based on sufficiently substantiated orders by democratically accountable competent public authorities.

Or. en

Amendment 89 Paul Tang

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Emphasises that the rapid benefits of a functioning digital single development of digital services requires a market for the EU and its Member States; strong futureproof legislative framework stresses the important obligation to ensure to protect personal data and privacy; a fair digital ecosystem in which Stresses therefore in this regard that all fundamental rights and data protection digital services need to fully respect Union are respected; calls for a minimum level data protection law, namely Regulation of intervention based on the principles of (EU) 2016/679 of the European necessity and proportionality; Parliament and of the Council (GDPR)1a and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy1a currently under revision, the freedom of expression and non- discrimination; ______1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

PE653.762v02-00 42/133 AM\1208140EN.docx EN (OJ L 201, 31.7.2002, p. 37).1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Or. en

Amendment 90 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the clear societal and benefits of a functioning digital single economic benefits of a functioning digital market for the EU and its Member States; single market for the EU and its Member stresses the important obligation to ensure States; welcomes these benefits, in a fair digital ecosystem in which particular improved access to information fundamental rights and data protection are and the strengthening of the freedom of respected; calls for a minimum level of expression; stresses the important intervention based on the principles of obligation to ensure a fair digital necessity and proportionality; ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;

Or. en

Amendment 91

AM\1208140EN.docx 43/133 PE653.762v02-00 EN Magdalena Adamowicz

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the clear economic benefits of a functioning digital single benefits of a functioning digital single market for the EU and its Member States; market for the EU and its Member States; stresses the important obligation to ensure stresses the important obligation to ensure a fair digital ecosystem in which a fair digital ecosystem in which fundamental rights and data protection are fundamental rights - including freedom of respected; calls for a minimum level of expression and information, and media intervention based on the principles of freedom and pluralism - and data necessity and proportionality; protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;

Or. en

Amendment 92 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the clear economic benefits of a functioning digital single benefits of a functioning digital single market for the EU and its Member States; market for the EU and its Member States; stresses the important obligation to ensure stresses the important obligation to ensure a fair digital ecosystem in which a fair digital ecosystem in which fundamental rights and data protection are fundamental rights and data protection are respected; calls for a minimum level of respected and in which citizens' online intervention based on the principles of digital security is guaranteed; calls for a necessity and proportionality; level of intervention based on the principles of necessity and proportionality;

Or. fr

Amendment 93 Malin Björk

PE653.762v02-00 44/133 AM\1208140EN.docx EN Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the benefits of a benefits of a functioning digital single functioning digital single market for the market for the EU and its Member States; EU and its Member States; stresses the stresses the important obligation to ensure important obligation to ensure a fair digital a fair digital ecosystem in which ecosystem in which fundamental rights – fundamental rights and data protection are above all freedom of expression and respected; calls for a minimum level of information, and media freedom and intervention based on the principles of pluralism – and data protection are necessity and proportionality; respected; calls for an intervention based on the principles of necessity and proportionality;

Or. en

Amendment 94 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the clear economic benefits of a functioning digital single benefits of a functioning digital single market for the EU and its Member States; market for the EU and its Member States; stresses the important obligation to ensure stresses the important obligation to ensure a fair digital ecosystem in which a fair digital ecosystem in which fundamental rights and data protection are fundamental rights, including freedom of respected; calls for a minimum level of expression, privacy and data protection, intervention based on the principles of are respected; calls for a minimum level of necessity and proportionality; intervention based on the principles of necessity and proportionality;

Or. en

Amendment 95 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

AM\1208140EN.docx 45/133 PE653.762v02-00 EN Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the clear economic benefits of a functioning digital single benefits of a functioning digital single market for the EU and its Member States; market for the EU and its Member States; stresses the important obligation to ensure stresses the important obligation to ensure a fair digital ecosystem in which a fair digital ecosystem in which fundamental rights and data protection are fundamental rights, especially data respected; calls for a minimum level of protection, privacy and non- intervention based on the principles of discrimination are at its core; necessity and proportionality;

Or. en

Amendment 96 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Believes in the clear economic 2. Believes in the benefits of a benefits of a functioning digital single functioning digital single market for the market for the EU and its Member States; EU and its Member States; stresses the stresses the important obligation to ensure important obligation to ensure a fair digital a fair digital ecosystem in which ecosystem in which fundamental rights, fundamental rights and data protection are including data protection, are respected; respected; calls for a minimum level of calls for a comprehensive and effective intervention based on the principles of regulatory intervention based on the necessity and proportionality; principles of necessity and proportionality;

Or. en

Amendment 97 Paul Tang

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

PE653.762v02-00 46/133 AM\1208140EN.docx EN 2a. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially privacy, the protection of personal data, non-discrimination and the freedom of expression and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; Calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, penalties to enforce such obligations, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance; believes that such independent audits should be conducted annually, in analogy with the financial sector, to examine whether the used data policy, algorithms and checks and balances are in accordance with specified criteria and are supervised by an independent sufficient overseeing authority;

Or. en

Amendment 98 Moritz Körner

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Is convinced that digital service providers must not retain data for law enforcement purposes unless a targeted retention of an individual user’s data is directly ordered by a democratically accountable competent public authority in line with Union law.

Or. en

AM\1208140EN.docx 47/133 PE653.762v02-00 EN Amendment 99 Paul Tang

Motion for a resolution Paragraph 2 b (new)

Motion for a resolution Amendment

2b. Notes that digital services use advanced algorithms, which analyse or predict aspects concerning the user’s personal preferences, interests or behaviour, for profiling; Emphasises that the quality of output of automated decision making algorithms is subject to the quality of used data and the chosen predetermined parameters; Stresses that the use of automated decision making algorithms requires a strong legislative framework which protects privacy and personal data, and together with a duty of care obligation overseeing the legitimate use of the algorithms, that does not apply to content moderation, ensures full compliance; Calls therefore on the Commission to work out a duty of care regime, which has its basis in the e- Commerce Directive, through detailed sectoral guidelines in order to use automated decision making algorithms in compliance with the fundamental rights of protection of personal data and privacy, laid down in the General Data Protection Regulation;

Or. en

Amendment 100 Moritz Körner

Motion for a resolution Paragraph 2 b (new)

Motion for a resolution Amendment

2b. Requests that digital services should to the maximum extent possible be

PE653.762v02-00 48/133 AM\1208140EN.docx EN accessible without the need for users to reveal their identity.

Or. en

Amendment 101 Paul Tang

Motion for a resolution Paragraph 2 c (new)

Motion for a resolution Amendment

2c. Emphasises that there are certain differences still between online and offline worlds, for instance, in terms of anonymity, the absence of a governing entity, between the balances of power and technical capabilities; Calls therefore on the Commission to let the principles of human dignity and 'what is illegal offline is illegal online' prevail in its DSA- proposal and to introduce in the DSA the concept of digital dignity, which builds upon these principles and embodies the fundamental rights of individuals;

Or. en

Amendment 102 Moritz Körner

Motion for a resolution Paragraph 2 c (new)

Motion for a resolution Amendment

2c. Reiterates that digital service providers must respect and enable their users’ right to data portability as laid down in Union law.

Or. en

AM\1208140EN.docx 49/133 PE653.762v02-00 EN Amendment 103 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently content is removed without undue delay in order to address crimes and fundamental and consistently where the hosting service rights violations; considers that voluntary provider has actual knowledge of it and its codes of conduct only partially address the illegal nature in order to address crimes issue; and fundamental rights violations; considers that voluntary codes of conduct and standard contractual terms of service are not appropriate for addressing illegal content in line with fundamental rights; stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible shall rest with independent judicial authorities;

Or. en

Amendment 104 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently content is removed swiftly and in order to address crimes and consistently, through a clear and fundamental rights violations; considers harmonised notice-and-action procedure that voluntary codes of conduct only with the necessary safeguards in place, partially address the issue; such as transparency of the process, the right to appeal and access to effective judicial redress; considers that voluntary codes of conduct only partially address the issue;

PE653.762v02-00 50/133 AM\1208140EN.docx EN Or. en

Amendment 105 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently content is removed swiftly and consistently in order to address crimes and fundamental in order to address crimes and fundamental rights violations; considers that voluntary rights violations; considers that voluntary codes of conduct only partially address the codes of conduct only partially address the issue; issue and that a more effective liability regime for platforms should be introduced;

Or. fr

Amendment 106 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that flagrantly content is removed swiftly and consistently illegal content is removed swiftly and in order to address crimes and consistently in order to address crimes and fundamental rights violations; considers terrorist propaganda; considers that that voluntary codes of conduct only voluntary codes of conduct have helped to partially address the issue; reduce the appearance of illegal content on the internet and are a good mechanism that should be strengthened;

Or. pl

Amendment 107 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

AM\1208140EN.docx 51/133 PE653.762v02-00 EN Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently activities are removed swiftly and in order to address crimes and fundamental consistently in order to address law rights violations; considers that voluntary infringements and fundamental rights codes of conduct only partially address the violations; considers that voluntary codes issue; of conduct lack adequate enforcement and have proven to be inefficient in addressing the issue;

Or. en

Amendment 108 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently content is removed swiftly and consistently in order to address crimes and fundamental in order to address crimes, especially those rights violations; considers that voluntary relating to children and fundamental rights codes of conduct only partially address the violations; considers that voluntary codes issue; of conduct only partially address the issue;

Or. en

Amendment 109 Raphaël Glucksmann, Sylvie Guillaume

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Deems it necessary that illegal 3. Deems it necessary that illegal content is removed swiftly and consistently content is removed consistently within a in order to address crimes and fundamental strictly defined period of time in order to

PE653.762v02-00 52/133 AM\1208140EN.docx EN rights violations; considers that voluntary address crimes and fundamental rights codes of conduct only partially address the violations; considers that voluntary codes issue; of conduct only partially address the issue;

Or. en

Amendment 110 Moritz Körner

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3a. Calls on digital service providers to take content offline in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights of the users and to take into account the fundamental importance of the freedom of expression and information in an open and democratic society with a view to avoiding the removal of content, which is not illegal. Requests digital service providers, which on their own initiative want to restrict certain legal content of their users, to explore the possibility of labelling rather than taking offline that content, giving users the chance to self- responsibly choose to access that content.

Or. en

Amendment 111 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Recalls that illegal content online 4. Recalls that illegal information, should not only be removed by online services and products online should not platforms, but should be followed up by only be removed by online platforms, but

AM\1208140EN.docx 53/133 PE653.762v02-00 EN law enforcement and the judiciary; finds, should be followed up by law enforcement in this regard, that a key issue in some and the judiciary; calls on the Commission Member States is not that they have to consider obliging major hosting service unresolved cases but rather unopened providers to report serious crime to the ones; calls for barriers to filing complaints competent law enforcement authority, with competent authorities to be removed; upon obtaining actual knowledge of such is convinced that, given the borderless a crime; calls for barriers to filing nature of the internet and the fast complaints with competent authorities to dissemination of illegal content online, be removed; is convinced that, given the cooperation between service providers and borderless nature of the internet and the national competent authorities should be fast dissemination of illegal content online, improved; cooperation between service providers and national competent authorities, as well as cross-border cooperation between national competent authorities should be improved; stresses in this regard the need to respect the legal order of the EU and the established principles of cross-border cooperation; stresses that competent authorities have to be provided with adequate resources in order to be effective.

Or. en

Amendment 112 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Recalls that illegal content online 4. Recalls that illegal content online should not only be removed by online should not only be removed by online platforms, but should be followed up by platforms, but should be followed up by law enforcement and the judiciary; finds, in law enforcement and the judiciary; finds, in this regard, that a key issue in some this regard, that a key issue in some Member States is not that they have Member States is not that they have unresolved cases but rather unopened ones; unresolved cases but rather unopened ones; calls for barriers to filing complaints with considers that providing national judicial competent authorities to be removed; is services with specialised staff and convinced that, given the borderless nature adequate financial resources is key to of the internet and the fast dissemination of improving access to and the efficiency of illegal content online, cooperation between the justice system in the area of digital service providers and national competent services; calls for barriers to filing complaints with competent authorities to

PE653.762v02-00 54/133 AM\1208140EN.docx EN authorities should be improved; be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved;

Or. fr

Amendment 113 Kris Peeters, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Recalls that illegal content online 4. Recalls that illegal content online should not only be removed by online should not only be removed by online platforms, but should be followed up by platforms, but should be followed up by law enforcement and the judiciary; finds, in law enforcement and the judiciary; finds, in this regard, that a key issue in some this regard, that a key issue in some Member States is not that they have Member States is not that they have unresolved cases but rather unopened ones; unresolved cases but rather unopened ones; calls for barriers to filing complaints with calls for barriers to filing complaints with competent authorities to be removed; is competent authorities to be removed; is convinced that, given the borderless nature convinced that, given the borderless nature of the internet and the fast dissemination of of the internet and the fast dissemination of illegal content online, cooperation between illegal content online, cooperation between service providers and national competent service providers and national competent authorities should be improved; authorities should be improved; calls, to this end, on Member States to equip their law enforcement and judicial authorities with the necessary expertise, resources and tools to allow them to effectively deal with the increasing number of cases involving illegal content online;

Or. en

Amendment 114 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 4

AM\1208140EN.docx 55/133 PE653.762v02-00 EN Motion for a resolution Amendment

4. Recalls that illegal content online 4. Recalls that illegal content online should not only be removed by online should not be just removed by online platforms, but should be followed up by platforms, but should be followed up by law enforcement and the judiciary; finds, in law enforcement and, where needed, the this regard, that a key issue in some judiciary; finds, in this regard, that a key Member States is not that they have issue in some Member States is not that unresolved cases but rather unopened they just have unresolved cases but also ones; calls for barriers to filing unopened ones; complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved;

Or. en

Amendment 115 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Recalls that illegal content online 4. is convinced that, given the should not only be removed by online borderless nature of the internet and the platforms, but should be followed up by fast dissemination of illegal content law enforcement and the judiciary; finds, online, cooperation between service in this regard, that a key issue in some providers and national competent Member States is not that they have authorities, as well as between national unresolved cases but rather unopened competent authorities, should be ones; calls for barriers to filing improved, for instance by introducing complaints with competent authorities to tools based on cooperation and mutual be removed; is convinced that, given the trust between Member States, e.g. beyond borderless nature of the internet and the the cross-border order to remove online fast dissemination of illegal content content which is clearly and online, cooperation between service unquestionably illegal; providers and national competent authorities should be improved;

Or. pl

PE653.762v02-00 56/133 AM\1208140EN.docx EN Amendment 116 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Recalls that illegal content online 4. Recalls that illegal content online should not only be removed by online should not only be removed by online platforms, but should be followed up by platforms, but should be followed up by law enforcement and the judiciary; finds, in law enforcement and the judiciary where this regard, that a key issue in some criminal acts are concerned ; finds, in this Member States is not that they have regard, that a key issue in some Member unresolved cases but rather unopened ones; States is not that they have unresolved calls for barriers to filing complaints with cases but rather unopened ones; calls for competent authorities to be removed; is barriers to filing complaints with convinced that, given the borderless nature competent authorities to be removed; is of the internet and the fast dissemination of convinced that, given the borderless nature illegal content online, cooperation between of the internet and the fast dissemination of service providers and national competent illegal content online, cooperation between authorities should be improved; service providers and national competent authorities should be regulated based on the principles of necessity and proportionality;

Or. en

Amendment 117 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 4 – subparagraph 1 (new)

Motion for a resolution Amendment

Is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved;

Or. en

AM\1208140EN.docx 57/133 PE653.762v02-00 EN Amendment 118 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 4 a (new)

Motion for a resolution Amendment

4a. Stresses that proportionate sanctions should be applied to violations of the law, which shall not encompass excluding individuals from digital services;

Or. en

Amendment 119 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain content can be can be easily established, the decision is easily established, the decision is more more difficult for other types of content as difficult for other content as it requires it requires contextualisation; warns that contextualisation; warns that automated some automated tools are not sophisticated tools are not sophisticated enough to take enough to take contextualisation into contextualisation into account and account, which could lead to unnecessary differentiate illegal content from content restrictions being placed on the freedom of that is legal in a given context, which expression; leads to unnecessary restrictions being placed on the freedom of expression and information; highlights that a review of automated reports by service providers, their staff or their contractors does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; therefore stresses that the Digital Services Act shall explicitly prohibit any obligation

PE653.762v02-00 58/133 AM\1208140EN.docx EN on hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and-stay-down mechanisms; content moderation procedures used by providers shall not lead to any ex-ante control measures based on automated tools or upload- filtering of content;

Or. en

Amendment 120 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that the the illegal nature of certain types of decision on the illegal nature of online content can be easily established, the information, products and services is decision is more difficult for other types of difficult as it requires contextualisation; content as it requires contextualisation; warns that automated tools are unable to warns that some automated tools are not differentiate illegal content from content sophisticated enough to take that is legal in a given context , which contextualisation into account, which could lead to unnecessary restrictions being could lead to unnecessary restrictions being placed on the freedom of expression; placed on the freedom of expression; highlights that a review of automated reports by service providers, their staff or their contractors does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; therefore stresses that the Digital Services Act shall explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and-stay-down mechanisms; content moderation procedures used by providers shall not lead to any ex-ante control measures based on automated tools or upload- filtering of content;

AM\1208140EN.docx 59/133 PE653.762v02-00 EN Or. en

Amendment 121 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain types of content can be easily established, the decision is can be easily established, the decision is more difficult for other types of content as more difficult for other types of content as it requires contextualisation; warns that it requires contextualisation; warns that some automated tools are not sophisticated some automated tools are not sophisticated enough to take contextualisation into enough to take contextualisation into account, which could lead to unnecessary account, which could lead to unnecessary restrictions being placed on the freedom takedowns and harm the freedom of of expression; expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have recourse to automated tools with human oversight to detect, remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;

Or. en

Amendment 122 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain types of content can be easily established, the decision is can be easily established, the decision is more difficult for other types of content as more difficult for other types of content as

PE653.762v02-00 60/133 AM\1208140EN.docx EN it requires contextualisation; warns that it requires contextualisation; reminds in some automated tools are not sophisticated this regard of the incapacity of current enough to take contextualisation into automated tools in grasping the account, which could lead to unnecessary importance of context for specific pieces restrictions being placed on the freedom of content, underlines that algorithms are of expression; not currently capable of critical analysis, and takes therefore the view that the Digital Services Act should not contain any obligation for compulsory use of automated tools in content moderation; believes that any voluntary automated measures put in place by the content hosting platforms should be subject to extensive human oversight and to full transparency of design and performance;

Or. en

Amendment 123 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain types of content can be easily established, the decision is can be easily established, the decision is more difficult for other types of content as more difficult for other types of content as it requires contextualisation; warns that it requires contextualisation; warns that some automated tools are not sophisticated some automated tools are not sophisticated enough to take contextualisation into enough to take contextualisation into account, which could lead to unnecessary account, which could lead to unnecessary restrictions being placed on the freedom of restrictions being placed on the freedom of expression; expression; considers that the use of artificial intelligence in this area must comply with EU data protection and transparency legislation and principles and must be subject to human supervision;

Or. fr

Amendment 124

AM\1208140EN.docx 61/133 PE653.762v02-00 EN Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain types of content can be easily established, the decision is can be easily established, the decision is more difficult for other types of content as more difficult for other types of content as it requires contextualisation; warns that it requires contextualisation; warns that some automated tools are not sophisticated some automated tools are not sophisticated enough to take contextualisation into enough to take contextualisation into account, which could lead to unnecessary account, which could lead to unnecessary restrictions being placed on the freedom of and harmful restrictions being placed on expression; the freedom of expression, political views and the right to receive a variety of often controversial information, leading to the filtering and censorship of the internet;

Or. pl

Amendment 125 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Acknowledges the fact that, while 5. Acknowledges the fact that, while the illegal nature of certain types of content the illegal nature of certain types of content can be easily established, the decision is can be easily established, the decision is more difficult for other types of content as more difficult for other types of content as it requires contextualisation; warns that it requires contextualisation; considers it some automated tools are not sophisticated necessary to provide a clear definition of enough to take contextualisation into ‘illegal’ content and ‘dangerous’ content; account, which could lead to unnecessary warns that some automated tools are not restrictions being placed on the freedom of sophisticated enough to take expression; contextualisation into account, which could lead to unnecessary restrictions being placed on the freedom of expression;

Or. fr

PE653.762v02-00 62/133 AM\1208140EN.docx EN Amendment 126 Kris Peeters, Paulo Rangel

Motion for a resolution Paragraph 5 – subparagraph 1 (new)

Motion for a resolution Amendment

considers, in this regard, that other stakeholders in the online ecosystem, such as users, right holders and media, can also play an important role in establishing whether content is illegal based on the specific context; invites these stakeholders to cooperate closely and exchange information with platforms to help them to effectively identify and address illegal content;

Or. en

Amendment 127 Nadine Morano

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Stresses that the removal of online content must be consistent with the freedoms of expression and communication;

Or. fr

Amendment 128 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

AM\1208140EN.docx 63/133 PE653.762v02-00 EN 6. Underlines that a specific piece of 6. Underlines that a specific piece of information may be deemed illegal in one information may be deemed illegal in one Member State but is covered by the right to Member State but is covered by the right to freedom of expression in another; freedom of expression in another; highlights that in order to protect freedom of speech standards, to avoid conflicts of laws, to avert unjustified and ineffective geo-blocking and to aim for a harmonised digital single market hosting service providers shall not be required to remove or disable access to information that is legal in their country of origin;

Or. en

Amendment 129 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that a specific piece of 6. Underlines that a specific piece of information may be deemed illegal in one information may be deemed illegal in one Member State but is covered by the right to Member State but is covered by the right to freedom of expression in another; freedom of expression in another; stresses, therefore, that national authorities should only be allowed to address and enforce removal orders to service providers established in their territory;

Or. en

Amendment 130 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that a specific piece of 6. Underlines that a specific piece of information may be deemed illegal in one information may be deemed illegal in one Member State but is covered by the right to Member State but is covered by the right to

PE653.762v02-00 64/133 AM\1208140EN.docx EN freedom of expression in another; freedom of expression in another; calls for a structured dialogue between Member States in order to assess the risk of specific types of content;

Or. en

Amendment 131 Moritz Körner

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Is convinced that digital service providers must not be mandated to apply one Member State’s national restrictions on freedom of speech in another Member State where that restriction does not exist.

Or. en

Amendment 132 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Underlines that illegal content should be removed where it is hosted, and that mere conduit intermediaries shall not be required to block access to content;

Or. en

Amendment 133 Cornelia Ernst, Pernando Barrena Arza, Anne-Sophie Pelletier

Motion for a resolution

AM\1208140EN.docx 65/133 PE653.762v02-00 EN Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by new technologies and ensuring legal clarity and technologies and ensuring legal clarity, respect for fundamental rights; considers respect for fundamental rights, and that the reform should build on the solid enhanced consumer protection; considers foundation of and full compliance with that the reform should build on the solid existing EU law, especially the General foundation of and full compliance with Data Protection Regulation and the existing EU law, especially the General Directive on privacy and electronic Data Protection Regulation and the communications; Directive on privacy and electronic communications; calls on the Council to swiftly reach a general approach which does not lower current levels of protection for consumers to start trilogue negotiations with the European Parliament on the proposal for the ePrivacy Regulation as soon as possible

Or. en

Amendment 134 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by new technologies and ensuring legal clarity and technologies such as the prevalence of all- respect for fundamental rights; considers encompassing profiling and algorithmic that the reform should build on the solid decision-making that permeates all areas foundation of and full compliance with of life, and ensuring legal clarity and existing EU law, especially the General respect for fundamental rights; considers Data Protection Regulation and the that the reform should build on the solid Directive on privacy and electronic foundation of and full compliance with communications; existing EU law, especially the General Data Protection Regulation and the

PE653.762v02-00 66/133 AM\1208140EN.docx EN Directive on privacy and electronic communications;

Or. en

Amendment 135 Malin Björk

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by new technologies and ensuring legal clarity and technologies and ensuring legal clarity and respect for fundamental rights; considers respect for fundamental rights; considers that the reform should build on the solid that the reform should build on the solid foundation of and full compliance with foundation of and full compliance with existing EU law, especially the General existing EU law, especially the General Data Protection Regulation and the Data Protection Regulation, the Directive Directive on privacy and electronic on privacy and electronic communications communications; and respect the primacy of sector-specific instruments such as the revised Audiovisual Media Services Directive;

Or. en

Amendment 136 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by the technologies and ensuring legal clarity and fragmentation between the Member States respect for fundamental rights; considers and new technologies, as well as ensuring that the reform should build on the solid legal clarity and respect for fundamental

AM\1208140EN.docx 67/133 PE653.762v02-00 EN foundation of and full compliance with rights, in particular the freedom of existing EU law, especially the General expression; considers that the reform Data Protection Regulation and the should build on the solid foundation of and Directive on privacy and electronic full compliance with existing EU law, communications; especially the General Data Protection Regulation and the Directive on privacy and electronic communications;

Or. en

Amendment 137 Magdalena Adamowicz

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by new technologies and ensuring legal clarity and technologies and ensuring legal clarity and respect for fundamental rights; considers respect for fundamental rights; considers that the reform should build on the solid that the reform should build on the solid foundation of and full compliance with foundation of and full compliance with existing EU law, especially the General existing EU law, especially the General Data Protection Regulation and the Data Protection Regulation, the Directive Directive on privacy and electronic on privacy and electronic communications, communications; and the sector-specific instruments such as the revised Audiovisual Media Services Directive;

Or. en

Amendment 138 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Strongly believes that the current 7. Strongly believes that the current EU legal framework governing digital EU legal framework governing digital

PE653.762v02-00 68/133 AM\1208140EN.docx EN services should be updated with a view to services should be updated with a view to addressing the challenges posed by new addressing the challenges posed by new technologies and ensuring legal clarity and technologies and ensuring legal clarity and respect for fundamental rights; considers respect for fundamental rights and privacy; that the reform should build on the solid considers that the reform should build on foundation of and full compliance with the solid foundation of and full compliance existing EU law, especially the General with existing EU law, especially the Data Protection Regulation and the General Data Protection Regulation and the Directive on privacy and electronic Directive on privacy and electronic communications; communications;

Or. fr

Amendment 139 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Highlights that the practical capacity of individuals to understand and navigate the complexity of the data ecosystems in which they are embedded is extremely limited, as is their ability to identify whether the information they receive and services they use are made available to them on the same terms as to other users; Calls on the Commission therefore to place transparency and non- discrimination at the heart of the Digital Services Act;

Or. en

Amendment 140 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

AM\1208140EN.docx 69/133 PE653.762v02-00 EN 8. Deems it indispensable to have the 8. Deems it indispensable to have the widest-possible harmonisation of rules on widest-possible harmonisation and liability exemptions and content clarification of rules on liability at EU moderation at EU level to guarantee the level to guarantee the respect of respect of fundamental rights and the fundamental rights and the freedoms of freedoms of users across the EU; expresses users across the EU; believes that such its concern that recent national laws to rules should maintain liability exemptions tackle hate speech and disinformation lead for intermediaries not having actual to a fragmentation of rules; knowledge of the illegal activity or information on their platforms; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules and to a lower level of fundamental rights protection in the EU;

Or. en

Amendment 141 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Deems it indispensable to have the 8. Deems it indispensable to have the widest-possible harmonisation of rules on widest-possible harmonisation and liability exemptions and content clarification of rules on liability at EU moderation at EU level to guarantee the level to guarantee the respect of respect of fundamental rights and the fundamental rights and the freedoms of freedoms of users across the EU; expresses users across the EU; believes that such its concern that recent national laws to rules should maintain liability exemptions tackle hate speech and disinformation lead for intermediaries not having knowledge to a fragmentation of rules; of the illegal activity or information on their platforms; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules and to a lower level of fundamental rights protection in the EU;

Or. en

Amendment 142 Fabienne Keller, Nathalie Loiseau

PE653.762v02-00 70/133 AM\1208140EN.docx EN Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Deems it indispensable to have the 8. Deems it indispensable to have the widest-possible harmonisation of rules on widest-possible harmonisation of rules on liability exemptions and content liability exemptions and content moderation at EU level to guarantee the moderation at EU level to guarantee the respect of fundamental rights and the respect of fundamental rights and the freedoms of users across the EU; expresses freedoms of users across the EU; expresses its concern that recent national laws to its concern that recent national laws to tackle hate speech and disinformation lead tackle hate speech and disinformation lead to a fragmentation of rules; to an increasing fragmentation of rules;

Or. fr

Amendment 143 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Deems it indispensable to have the 8. Deems it indispensable to have full widest-possible harmonisation of rules on harmonisation of rules on liability liability exemptions and content exemptions and content moderation at EU moderation at EU level to guarantee the level to guarantee the respect of respect of fundamental rights and the fundamental rights and the freedoms of freedoms of users across the EU; expresses users across the EU; expresses its concern its concern that recent national laws to that recent national laws to tackle hate tackle hate speech and disinformation lead speech and disinformation lead to a to a fragmentation of rules; fragmentation of rules;

Or. en

Amendment 144 Cornelia Ernst, Pernando Barrena Arza, Anne-Sophie Pelletier

Motion for a resolution Paragraph 9

AM\1208140EN.docx 71/133 PE653.762v02-00 EN Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by digital service providers to apply effective, strengthening the rules on competition coherent, transparent and fair procedures with regard to digital service providers to and procedural safeguards to remove prevent harm to competition and illegal content in line with European consumers; requests for the Digital values; firmly believes that this should be Services Act to require digital service harmonised within the digital single providers to apply effective, coherent, market; transparent and fair procedures and procedural safeguards to tackle illegal activities in line with European law; firmly believes that this should be harmonised within the digital single market;

Or. en

Amendment 145 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by requiring digital service providers to apply effective, digital service providers to apply effective, coherent, transparent and fair procedures coherent, transparent and fair procedures and procedural safeguards to remove and procedural safeguards to prevent by illegal content in line with European actively detecting and reporting reliably values; firmly believes that this should be identified child sexual abuse material harmonised within the digital single (CSAM) online and removing illegal market; content in line with European values; firmly believes that this should be harmonised within the digital single market;

Or. en

Amendment 146

PE653.762v02-00 72/133 AM\1208140EN.docx EN Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by requiring digital service providers to apply effective, digital service providers to apply effective, coherent, transparent and fair procedures coherent, transparent and fair procedures and procedural safeguards to remove and procedural safeguards to remove illegal content in line with European illegal content in line with the values that values; firmly believes that this should be derive from the Roman civilisation and harmonised within the digital single the Christian ethics that underpin the market; existence of the European Community; firmly believes that this should be harmonised within the digital single market;

Or. pl

Amendment 147 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by requiring digital service providers to apply effective, digital service providers to apply effective, coherent, transparent and fair procedures coherent, transparent and fair procedures and procedural safeguards to remove and procedural safeguards to remove illegal content in line with European illegal content in line with European values; firmly believes that this should be values, while also establishing a harmonised within the digital single procedure for collaboration with law market; enforcement and judicial authorities; firmly believes that this should be harmonised within the digital single market;

Or. en

AM\1208140EN.docx 73/133 PE653.762v02-00 EN Amendment 148 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, that the digital proposals that keep the digital single single market is kept open and competitive market open and competitive by requiring by requiring digital service providers to digital service providers to apply effective, apply effective, coherent, transparent and coherent, transparent and fair procedures fair procedures with robust procedural and procedural safeguards to remove safeguards to remove illegal content via a illegal content in line with European harmonised notice-and-action procedure values; firmly believes that this should be in line with European legislation; harmonised within the digital single market;

Or. en

Amendment 149 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by requiring digital service providers to apply effective, digital service providers to apply effective, coherent, transparent and fair procedures coherent, transparent and fair procedures and procedural safeguards to remove and procedural safeguards to tackle illegal illegal content in line with European content in line with the law and European values; firmly believes that this should be values; firmly believes that this should be harmonised within the digital single harmonised within the digital single market; market;

Or. en

PE653.762v02-00 74/133 AM\1208140EN.docx EN Amendment 150 Moritz Körner

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Calls, to this end, for legislative 9. Calls, to this end, for legislative proposals that keep the digital single proposals that keep the digital single market open and competitive by requiring market open and competitive by requiring digital service providers to apply effective, digital service providers to apply effective, coherent, transparent and fair procedures coherent, transparent and fair procedures and procedural safeguards to remove and procedural safeguards to remove illegal content in line with European illegal content in line with European values values; firmly believes that this should be and law; firmly believes that this should be harmonised within the digital single harmonised within the digital single market; market;

Or. en

Amendment 151 Moritz Körner

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Believes, in this regard, that online 10. Believes that this should be platforms that are actively hosting or achieved without resorting to general moderating content should bear more, yet monitoring requirements; proportionate, responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements;

Or. en

Amendment 152 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 10

AM\1208140EN.docx 75/133 PE653.762v02-00 EN Motion for a resolution Amendment

10. Believes, in this regard, that online 10. Believes, in this regard, that online platforms that are actively hosting or platforms that are actively hosting or moderating content should bear more, yet moderating content should bear more, yet proportionate, responsibility for the proportionate, responsibility for the infrastructure they provide and the content infrastructure they provide and the content on it; emphasises that this should be on it; emphasises that this should be achieved without resorting to general achieved without resorting to general monitoring requirements; monitoring requirements; proposes the implementation of a common and permanent liability framework for platforms in order to effectively identify and remove illegal content; considers, in particular, that a harmonised EU framework should be based on due diligence obligations so that platforms implement proactive and effective measures, in addition to their obligations relating to transparency and information; considers it important to accompany 'notification and action' procedures for identifying new content with an obligation to monitor content which has already been deemed illegal and removed, in order to prevent it from reappearing online;

Or. fr

Amendment 153 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Believes, in this regard, that online 10. Believes, in this regard, that large platforms that are actively hosting or online platforms that are actively hosting, moderating content should bear more, yet moderating or recommending content, proportionate, responsibility for the services or products, should bear more, yet infrastructure they provide and the content proportionate, liability for the on it; emphasises that this should be infrastructure they provide and the services achieved without resorting to general they offer to users; considers, in this monitoring requirements; sense, that online marketplaces must be liable upon obtaining credible evidence of

PE653.762v02-00 76/133 AM\1208140EN.docx EN illegal activities; emphasises that this should be achieved without resorting to general monitoring requirements, nor to a general and undefined duty of care; Highlights that, in order to ensure legal certainty, the new legal framework shall exhaustively and explicitly spell out the obligations of digital service providers;

Or. en

Amendment 154 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Believes, in this regard, that online 10. Believes, in this regard, that online platforms that are actively hosting or platforms that are hosting content should moderating content should bear more, yet bear proportionate liability for third-party proportionate, responsibility for the content they host only where they have infrastructure they provide and the actual knowledge of illegal content and its content on it; emphasises that this should illegal nature; emphasises that this should be achieved without resorting to general be achieved without resorting to general monitoring requirements; monitoring requirements and ex-ante control measures based on automated tools or upload-filtering of content; highlights that the legal regime for digital providers liability should not depend on uncertain notions such as the ‘active’ or ‘passive’ role of providers;

Or. en

Amendment 155 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

AM\1208140EN.docx 77/133 PE653.762v02-00 EN 10. Believes, in this regard, that online 10. Believes, in this regard, that it is platforms that are actively hosting or crucial for online platforms to have clarity moderating content should bear more, yet provided for by setting clear rules, proportionate, responsibility for the requirements and safeguards for a infrastructure they provide and the harmonised notice-and-action procedure; content on it; emphasises that this should emphasises that any measure put in place be achieved without resorting to general for the removal of illegal content cannot monitoring requirements; constitute or imply a general monitoring requirement;

Or. en

Amendment 156 Moritz Körner

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Stresses that public authorities must not impose any obligation on digital service providers, neither de jure nor de facto, to monitor the information which they transmit or store, nor a general obligation to seek, moderate or filter content indicating illegal activity.

Or. en

Amendment 157 Moritz Körner

Motion for a resolution Paragraph 10 b (new)

Motion for a resolution Amendment

10b. Is convinced that digital service providers must not be required to prevent the upload of illegal content. Believes at the same time, where technologically feasible, based on sufficiently substantiated orders by democratically accountable competent public authorities,

PE653.762v02-00 78/133 AM\1208140EN.docx EN and taking full account of the specific context of the content, that digital service providers may be required to execute periodic searches for distinct pieces of content, which, in line with the ECJ Judgment in Case C-18/18, are identical or equivalent to content that a court had already declared unlawful, and to take that content offline.

Or. en

Amendment 158 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Supports a clear chain of rules on the notice-and-action responsibility to avoid unnecessary mechanisms and requirements for regulatory burdens for the platforms and platforms to take proactive measures that unnecessary and disproportionate are proportionate to their scale of reach restrictions on fundamental rights, and operational capacities in order to including the freedom of expression; address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;

Or. en

Amendment 159 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

AM\1208140EN.docx 79/133 PE653.762v02-00 EN 11. Highlights that this should include 11. Urges the adoption of rules on rules on the notice-and-action mechanisms transparent notice-and-action mechanisms and requirements for platforms to take and requirements for platforms to take proactive measures that are proportionate measures in order to address the to their scale of reach and operational appearance of illegal activities on their capacities in order to address the services; these measures should include a appearance of illegal content on their robust business user authentication and services; supports a balanced duty-of-care verification process for services and approach and a clear chain of products offered or facilitated in their responsibility to avoid unnecessary platforms, while preserving consumer regulatory burdens for the platforms and anonymity; stresses that independent unnecessary and disproportionate public authorities should be ultimately restrictions on fundamental rights, responsible to determine whether an including the freedom of expression; activity is legal or not; supports a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;

Or. en

Amendment 160 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Highlights that this should include rules on the notice-and-action mechanisms rules on the notice-and-action mechanisms and requirements for platforms to take and requirements for platforms to take proactive measures that are proportionate proactive measures that are proportionate to their scale of reach and operational to their scale of reach and operational capacities in order to address the capacities in order to address and prevent appearance of illegal content on their the appearance of illegal content on their services; supports a balanced duty-of-care services, considers that this should entail approach and a clear chain of responsibility an obligation for platforms to detect and to avoid unnecessary regulatory burdens remove reliably identified Child Sexual for the platforms and unnecessary and Abuse Material (CSAM); supports a disproportionate restrictions on balanced duty-of-care approach and a clear fundamental rights, including the freedom chain of responsibility to avoid of expression; unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on

PE653.762v02-00 80/133 AM\1208140EN.docx EN fundamental rights, including the freedom of expression;

Or. en

Amendment 161 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Highlights that this should include rules on the notice-and-action mechanisms rules on the notice-and-action mechanisms and requirements for platforms to take and requirements for platforms to take proactive measures that are proportionate measures that are proportionate to their to their scale of reach and operational scale of reach and technical and capacities in order to address the operational capacities in order to address appearance of illegal content on their the appearance of illegal content on their services; supports a balanced duty-of-care services; supports a balanced duty-of-care approach and a clear chain of responsibility approach and a clear chain of responsibility to avoid unnecessary regulatory burdens to avoid unnecessary regulatory burdens for the platforms and unnecessary and for the platforms and unnecessary and disproportionate restrictions on disproportionate restrictions on fundamental rights, including the freedom fundamental rights, the freedom to of expression; controversial and polemical expression, as well as to restrict the promotion of various philosophical, social and political ideas;

Or. pl

Amendment 162 Raphaël Glucksmann, Sylvie Guillaume

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Highlights that this should include rules on the notice-and-action mechanisms rules on the notice-and-action mechanisms and requirements for platforms to take and requirements for platforms to take proactive measures that are proportionate proactive measures that are proportionate to their scale of reach and operational to their scale of reach and operational

AM\1208140EN.docx 81/133 PE653.762v02-00 EN capacities in order to address the capacities in order to address the appearance of illegal content on their appearance of illegal content on their services; supports a balanced duty-of-care services; supports a balanced duty-of-care approach and a clear chain of responsibility approach, based on an assessment of the to avoid unnecessary regulatory burdens risks incurred by the platforms and likely for the platforms and unnecessary and to encourage them to take proactive disproportionate restrictions on measures, and a clear chain of fundamental rights, including the freedom responsibility to avoid unnecessary of expression; regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;

Or. en

Amendment 163 Moritz Körner

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Expects digital service providers to rules on the notice-and-action establish fair and transparent notice mechanisms and requirements for mechanisms, which empower users to platforms to take proactive measures that notify the relevant democratically are proportionate to their scale of reach accountable competent public authorities and operational capacities in order to of potentially illegal content. Highlights address the appearance of illegal content that this should avoid unnecessary on their services; supports a balanced regulatory burdens and unnecessary and duty-of-care approach and a clear chain disproportionate restrictions on of responsibility to avoid unnecessary fundamental rights, including the freedom regulatory burdens for the platforms and of expression; unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;

Or. en

Amendment 164 Kris Peeters, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 11

PE653.762v02-00 82/133 AM\1208140EN.docx EN Motion for a resolution Amendment

11. Highlights that this should include 11. Highlights that this should include rules on the notice-and-action mechanisms rules on the notice-and-action mechanisms and requirements for platforms to take and requirements for platforms to take proactive measures that are proportionate proactive measures that are proportionate to their scale of reach and operational to their scale of reach and operational capacities in order to address the capacities in order to effectively address appearance of illegal content on their the appearance of illegal content on their services; supports a balanced duty-of-care services, while leaving the choice of the approach and a clear chain of responsibility concrete measures to the platforms; to avoid unnecessary regulatory burdens supports a balanced duty-of-care approach for the platforms and unnecessary and and a clear chain of responsibility to avoid disproportionate restrictions on unnecessary regulatory burdens for the fundamental rights, including the freedom platforms and unnecessary and of expression; disproportionate restrictions on fundamental rights, including the freedom of expression;

Or. en

Amendment 165 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Highlights that this should include 11. Highlights that the new legislative rules on the notice-and-action mechanisms framework should include rules on the and requirements for platforms to take notice-and-action mechanisms in order to proactive measures that are proportionate address the appearance of illegal content to their scale of reach and operational online while refraining from imposing capacities in order to address the notice-and-stay-down mechanisms; appearance of illegal content on their applicable legislation shall exhaustively services; supports a balanced duty-of-care and explicitly spell out the obligations of approach and a clear chain of digital service providers rather than responsibility to avoid unnecessary imposing a general duty of care to avoid regulatory burdens for the platforms and unnecessary regulatory burdens for the unnecessary and disproportionate platforms and unnecessary and restrictions on fundamental rights, disproportionate restrictions on including the freedom of expression; fundamental rights, including the freedom of expression, access to information and the right to privacy;

AM\1208140EN.docx 83/133 PE653.762v02-00 EN Or. en

Amendment 166 Bartosz Arłukowicz

Motion for a resolution Paragraph 11 a (new)

Motion for a resolution Amendment

11a. Considers that greater regulatory clarity and dialogue with stakeholders is needed to encourage information society service providers to engage in additional voluntary activities to moderate their content in accordance with the law;

Or. pl

Amendment 167 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses the need for appropriate 12. Stresses the need for appropriate safeguards and due process obligations, safeguards and due process obligations, including human oversight and including human oversight and verification, in addition to counter notice verification, in addition to counter notice procedures, to ensure that removal or procedures, to ensure that removal or blocking decisions are accurate, well- blocking decisions are legal, well-founded founded and respect fundamental rights; and respect fundamental rights; recalls that recalls that the possibility of judicial while counter-notice procedures, redress should be made available to satisfy complaint mechanisms and out-of-court the right to effective remedy; dispute settlements can be valuable tools in protecting fundamental rights of the users of digital services, they cannot preclude access to effective judicial redress and remedy;

Or. en

PE653.762v02-00 84/133 AM\1208140EN.docx EN Amendment 168 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses the need for appropriate 12. Stresses the need for appropriate safeguards and due process obligations, safeguards and due process obligations, including human oversight and including a requirement for human verification, in addition to counter notice oversight and verification, in addition to procedures, to ensure that removal or counter notice procedures, to ensure that blocking decisions are accurate, well- removal or blocking decisions are accurate, founded and respect fundamental rights; well-founded and respect fundamental recalls that the possibility of judicial rights; highlights that persons who redress should be made available to satisfy systematically and repeatedly submit the right to effective remedy; wrongful or abusive notices shall be sanctioned; recalls that the possibility of judicial redress should remain available to satisfy the right to effective remedy;

Or. en

Amendment 169 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses the need for appropriate 12. Stresses the need for appropriate safeguards and due process obligations, safeguards and due process obligations, including human oversight and including human oversight and verification, in addition to counter notice verification, in addition to counter notice procedures, to ensure that removal or procedures, to ensure that removal or blocking decisions are accurate, well- blocking decisions are accurate, well- founded and respect fundamental rights; founded and respect fundamental rights; recalls that the possibility of judicial recalls that the possibility of judicial redress should be made available to satisfy redress, following the final decision taken the right to effective remedy; by the platforms in accordance with the internal complaints system, should be made available to satisfy the right to effective remedy;

AM\1208140EN.docx 85/133 PE653.762v02-00 EN Or. pl

Amendment 170 Moritz Körner

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses the need for appropriate 12. Stresses the need for appropriate safeguards and due process obligations, safeguards and due process obligations in including human oversight and addition to counter notice procedures, to verification, in addition to counter notice ensure that decisions to take content procedures, to ensure that removal or offline are accurate, well-founded and blocking decisions are accurate, well- respect fundamental rights; recalls that the founded and respect fundamental rights; possibility of judicial redress should be recalls that the possibility of judicial made available to satisfy the right to redress should be made available to satisfy effective remedy, believes that all the right to effective remedy; decisions to take users’ content offline must be subject to human oversight and verification;

Or. en

Amendment 171 Cornelia Ernst, Pernando Barrena Arza, Anne-Sophie Pelletier

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses the need for appropriate 12. Stresses the need for appropriate safeguards and due process obligations, safeguards and due process obligations, including human oversight and including human oversight and verification, in addition to counter notice verification, in addition to counter notice procedures, to ensure that removal or procedures, to ensure that removal blocking decisions are accurate, well- decisions are accurate, well-founded, founded and respect fundamental rights; protect consumers and respect recalls that the possibility of judicial fundamental rights; recalls that the redress should be made available to satisfy possibility of effective judicial redress the right to effective remedy; should be made available to satisfy the right to effective remedy;

PE653.762v02-00 86/133 AM\1208140EN.docx EN Or. en

Amendment 172 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Stresses that, in order to protect the freedom of expression and information, it is crucial to maintain the limited liability regime for intermediaries not having knowledge of the illegal activity or information; highlights that the legal regime for digital providers liability should not depend on uncertain notions such as the ‘active’ or ‘passive’ role of providers;

Or. en

Amendment 173 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports limited liability for content and the country of origin principle, content and the country of origin principle, but considers improved coordination for but considers improved coordination for removal requests between national removal requests between national competent authorities to be essential; competent authorities to be essential; emphasises that such orders should be emphasises that such orders should be subject to legal safeguards in order to subject to legal safeguards in order to prevent abuse and ensure full respect of prevent abuse and ensure full respect of fundamental rights; stresses that sanctions fundamental rights; stresses that sanctions should apply to those service providers that should apply to those service providers that fail to comply with legitimate orders; fail to comply with legitimate orders; calls for the creation of an EU Centre for Preventing and Combating child sexual

AM\1208140EN.docx 87/133 PE653.762v02-00 EN abuse that would ensure an effective and coordinated response to child sexual abuse cases online, as requested in the European Parliament Resolution on children's rights in the occasion of the 30th anniversary of the UN Convention on the Rights of the Child of 26 November 2019;

Or. en

Amendment 174 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports the country of origin content and the country of origin principle, principle including its consumer contracts but considers improved coordination for derogation, but clarifications to the removal requests between national liability regime, particularly for online competent authorities to be essential; marketplaces, is needed; considers emphasises that such orders should be improved coordination for removal subject to legal safeguards in order to requests between national competent prevent abuse and ensure full respect of authorities to be important; emphasises fundamental rights; stresses that sanctions that such orders should be subject to legal should apply to those service providers that safeguards in order to prevent abuse and fail to comply with legitimate orders; ensure full respect of fundamental rights; stresses that an effective oversight and enforcement mechanism, including sanctions, should apply to those service providers that fail to comply with transparency obligations, judicial orders, and other provisions of the Digital Services Act;

Or. en

Amendment 175 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution

PE653.762v02-00 88/133 AM\1208140EN.docx EN Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports the preservation of the content and the country of origin principle, current framework on the limited liability but considers improved coordination for for content and the country of origin removal requests between national principle, but considers improved competent authorities to be essential; coordination for removal requests between emphasises that such orders should be national competent authorities to be subject to legal safeguards in order to essential; emphasises that such orders prevent abuse and ensure full respect of should be issued by a judicial authority of fundamental rights; stresses that sanctions the Member State in which a hosting should apply to those service providers that service provider is located and subject to fail to comply with legitimate orders; legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that enforcement mechanisms should apply to those service providers that fail to comply with legitimate orders;

Or. en

Amendment 176 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports limited liability for content and the country of origin principle, content and the country of origin principle, but considers improved coordination for but considers improved coordination for removal requests between national removal requests between national competent authorities to be essential; competent authorities to be essential; emphasises that such orders should be emphasises that such orders should be subject to legal safeguards in order to subject to legal safeguards in order to prevent abuse and ensure full respect of prevent abuse and ensure full respect of fundamental rights; stresses that sanctions fundamental rights; highlights that should apply to those service providers that removal requests from competent fail to comply with legitimate orders; authorities should be specific and clearly state the legal basis for removal; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders;

AM\1208140EN.docx 89/133 PE653.762v02-00 EN Or. en

Amendment 177 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports limited liability for content and the country of origin principle, content and the country of origin principle, but considers improved coordination for but considers improved coordination for removal requests between national removal requests between national competent authorities to be essential; competent authorities to be essential; emphasises that such orders should be emphasises that such orders should be subject to legal safeguards in order to subject to legal safeguards in order to prevent abuse and ensure full respect of prevent abuse and ensure full respect of fundamental rights; stresses that sanctions fundamental rights and civil rights and should apply to those service providers that freedoms; stresses that proportionate fail to comply with legitimate orders; sanctions should apply to those service providers that fail to comply with legitimate orders even though they possess the technical and operational capacities;

Or. pl

Amendment 178 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports limited liability content and the country of origin principle, exemption for all types of intermediaries but considers improved coordination for and the country of origin principle, and removal requests between national considers improved coordination for competent authorities to be essential; removal requests between national emphasises that such orders should be competent authorities to be essential; subject to legal safeguards in order to emphasises that such orders should be prevent abuse and ensure full respect of subject to legal safeguards in order to fundamental rights; stresses that sanctions prevent abuse and ensure full respect of should apply to those service providers that fundamental rights; stresses that sanctions

PE653.762v02-00 90/133 AM\1208140EN.docx EN fail to comply with legitimate orders; should apply only to those service providers that fail to comply with legitimate orders;

Or. en

Amendment 179 Moritz Körner

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Supports limited liability for 13. Supports limited liability for content and the country of origin principle, content and the country of origin principle, but considers improved coordination for but considers improved coordination for removal requests between national removal requests between national competent authorities to be essential; competent authorities to be essential; emphasises that such orders should be emphasises that such orders should be subject to legal safeguards in order to subject to legal safeguards in order to prevent abuse and ensure full respect of prevent abuse and ensure full respect of fundamental rights; stresses that sanctions fundamental rights; stresses that sanctions should apply to those service providers that should apply to those service providers that fail to comply with legitimate orders; fail to comply with lawful orders;

Or. en

Amendment 180 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to content as soon as possible shall rest with independent judicial authorities; only a hosting service provider that has actual knowledge of illegal content and its illegal nature shall be subject to content

AM\1208140EN.docx 91/133 PE653.762v02-00 EN removal obligations

Or. en

Amendment 181 Bartosz Arłukowicz

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Notes that user-oriented actions (so-called 'targeting') is an area that requires careful supervision; points out that this practice has been included in GDPR and should be properly enforced across the EU before new legislation is considered;

Or. pl

Amendment 182 Moritz Körner

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Requires digital service providers that become aware of alleged illegal content of their users to notify the competent public authorities without undue delay.

Or. en

Amendment 183 Bartosz Arłukowicz

Motion for a resolution Paragraph 13 b (new)

PE653.762v02-00 92/133 AM\1208140EN.docx EN Motion for a resolution Amendment

13b. Calls on all digital actors to comply with the disclosure rules required under the GDPR, including as regards the collection and recording of users' choices and the transmission of those users' choices to technology partners before the processing of personal data;

Or. pl

Amendment 184 Moritz Körner

Motion for a resolution Paragraph 13 b (new)

Motion for a resolution Amendment

13b. Requests Member States and digital service providers to put in place transparent, effective, fair, and expeditious complaint and redress mechanisms to allow users to challenge the taking offline of their content.

Or. en

Amendment 185 Moritz Körner

Motion for a resolution Paragraph 13 c (new)

Motion for a resolution Amendment

13c. Requests Member States to improve access to and the efficiency of their justice and law enforcement systems in relation to determining the illegality of online content and in relation to dispute resolution concerning the taking offline of content, and to consider to this end the

AM\1208140EN.docx 93/133 PE653.762v02-00 EN establishment of specialised courts and law enforcement units within their national judicial and law enforcement systems.

Or. en

Amendment 186 Moritz Körner

Motion for a resolution Paragraph 13 d (new)

Motion for a resolution Amendment

13d. Believes that neither infrastructure service providers, payment providers, and other companies offering services to digital service providers, nor digital service providers with a direct relationship with the user must be held liable for the content a user on his own initiative uploads or downloads. Believes at the same time that digital service providers, which have a direct relationship with the user who uploaded the illegal content and which have the ability to take distinct pieces of the user’s content offline, must be held liable for failing to expeditiously respond to sufficiently substantiated orders by democratically accountable competent public authorities to take the illegal content offline.

Or. en

Amendment 187 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

PE653.762v02-00 94/133 AM\1208140EN.docx EN 14. Believes that terms of services of 14. Believes that terms of services of digital service providers should be clear, digital service providers should be clear, transparent and fair; deplores the fact that transparent and fair; underlines that the some terms of services from content fairness and compliance with platforms do not allow law enforcement to fundamental rights standards of standard use non-personal accounts, which poses a contractual terms imposed by threat both to possible investigations and intermediaries to the users of their to personal safety; services shall be subject to judicial review; considers that standard contractual terms unduly restricting users’ fundamental rights, such as the right to privacy and to freedom of expression, shall not be binding;

Or. en

Amendment 188 Malin Björk

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Believes that terms of services of 14. Believes that terms of services of digital service providers should be clear, digital service providers should be clear, transparent and fair; deplores the fact that transparent and fair and be made available some terms of services from content in an easy and accessible manner to platforms do not allow law enforcement to users; deplores the fact that some terms of use non-personal accounts, which poses a services from content platforms do not threat both to possible investigations and to allow law enforcement to use non-personal personal safety; accounts, which poses a threat both to possible investigations and to personal safety;

Or. en

Amendment 189 Magdalena Adamowicz

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

AM\1208140EN.docx 95/133 PE653.762v02-00 EN 14. Believes that terms of services of 14. Believes that terms of services of digital service providers should be clear, digital service providers should be clear, transparent and fair; deplores the fact that transparent and fair and be made available some terms of services from content in an easy and accessible manner to platforms do not allow law enforcement to users; deplores the fact that some terms of use non-personal accounts, which poses a services from content platforms do not threat both to possible investigations and to allow law enforcement to use non-personal personal safety; accounts, which poses a threat both to possible investigations and to personal safety;

Or. en

Amendment 190 Kris Peeters

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Believes that terms of services of 14. Believes that terms of services of digital service providers should be clear, digital service providers should be clear, transparent and fair; deplores the fact that transparent, fair and be made available in some terms of services from content an easy and accessible manner to users; platforms do not allow law enforcement to deplores the fact that some terms of use non-personal accounts, which poses a services from content platforms do not threat both to possible investigations and to allow law enforcement to use non-personal personal safety; accounts, which poses a threat both to possible investigations and to personal safety;

Or. en

Amendment 191 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Believes that terms of services of 14. Believes that in order to protect digital service providers should be clear, consumers' fundamental rights and transparent and fair; deplores the fact that interests, the Digital Services Act should

PE653.762v02-00 96/133 AM\1208140EN.docx EN some terms of services from content introduce rules aiming to ensure that platforms do not allow law enforcement to terms of services of digital service use non-personal accounts, which poses a providers be clear, transparent and fair; threat both to possible investigations and to personal safety;

Or. en

Amendment 192 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Believes that terms of services of 14. Believes that the terms of service of digital service providers should be clear, digital service providers should be clear, transparent and fair; deplores the fact that transparent and fair; recalls that any take- some terms of services from content down-notice from an authority has to platforms do not allow law enforcement to always be based on law, not on the terms use non-personal accounts, which poses a of service of the service providers; threat both to possible investigations and to personal safety;

Or. en

Amendment 193 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 14 a (new)

Motion for a resolution Amendment

14a. Stresses that in line with the principle of data minimisation established by the General Data Protection Regulation, the Digital Services Act shall require intermediaries to enable the anonymous use of their services and payment for them wherever it is technically possible, as anonymity effectively prevents unauthorized disclosure, identity theft and other forms

AM\1208140EN.docx 97/133 PE653.762v02-00 EN of abuse of personal data collected online; only where existing legislation requires businesses to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously shall be upheld

Or. en

Amendment 194 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Underlines that any attempt to legal, yet harmful, content should also be regulate or moderate political advertising addressed to ensure a fair digital should be prohibited; ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary;

Or. pl

Amendment 195 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Underlines the need to regulate legal, yet harmful, content should also be content curation and tracking-based addressed to ensure a fair digital targeted advertisement through giving ecosystem; expects guidelines to include more choice and control to users; increased transparency rules on content emphasises that users should be able to moderation or political advertising policy choose to opt out completely of any to ensure that removals and the blocking content curation, decide whether to opt in

PE653.762v02-00 98/133 AM\1208140EN.docx EN of harmful content are limited to the to tracking, and have more options on the absolute necessary; way content is ranked to them, including a ranking outside their ordinary content consumption habits; strongly believes that the design and performance of such recommendation systems should be subject to full transparency, presented in a user-friendly manner;

Or. en

Amendment 196 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Expects guidelines to include legal, yet harmful, content should also be increased transparency rules on content addressed to ensure a fair digital moderation or political advertising policy ecosystem; expects guidelines to include to ensure that legal content is not removed; increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary;

Or. en

Amendment 197 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Underlines that certain types of legal, yet harmful, content should also be legal, yet harmful, content should also be addressed to ensure a fair digital addressed to ensure a fair digital ecosystem; expects guidelines to include ecosystem; expects guidelines to include increased transparency rules on content increased transparency rules on content moderation or political advertising policy moderation and advertising policy to

AM\1208140EN.docx 99/133 PE653.762v02-00 EN to ensure that removals and the blocking of ensure that the removal and the blocking of harmful content are limited to the absolute harmful content are limited to the absolute necessary; necessary; calls on the commission to consider this in a specific instrument accompanying the Digital Services Act;

Or. en

Amendment 198 Nadine Morano

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Stresses that, given the need to legal, yet harmful, content should also be reconcile the removal of content with addressed to ensure a fair digital freedom of expression, only content, ecosystem; expects guidelines to include which is illegal, or presumed to be illegal, increased transparency rules on content should be blocked or removed, with the moderation or political advertising policy possibility of effective legal redress. Legal to ensure that removals and the blocking content should not, by nature, be subject of harmful content are limited to the to any removal or blocking; absolute necessary;

Or. fr

Amendment 199 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Expects the Digital Services Act to legal, yet harmful, content should also be include rules on content moderation or addressed to ensure a fair digital political advertising policy to ensure that ecosystem; expects guidelines to include removals of content are in line with increased transparency rules on content human rights standards and limited to moderation or political advertising policy content which is illegal beyond doubt or to ensure that removals and the blocking has been found illegal by the judiciary; of harmful content are limited to the

PE653.762v02-00 100/133 AM\1208140EN.docx EN absolute necessary;

Or. en

Amendment 200 Moritz Körner

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Underlines that certain types of 15. Underlines that certain types of legal, yet harmful, content should also be legal, yet potentially harmful, content addressed to ensure a fair digital should also be addressed; expects ecosystem; expects guidelines to include guidelines to include increased increased transparency rules on content transparency rules on content moderation moderation or political advertising policy or political advertising policy to ensure that to ensure that removals and the blocking of removals and the blocking of potentially harmful content are limited to the absolute harmful content are avoided; necessary;

Or. en

Amendment 201 Paul Tang

Motion for a resolution Paragraph 24 b (new)

Motion for a resolution Amendment

24b. Notes the potential negative impact of personalised advertising, in particular micro-targeted and behavioural advertisements, and of assessments of individuals, especially minors, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to personalise advertising, offering products or services or setting prices; Calls therefore on the Commission to introduce a phase-out prohibition on personalised advertisements, starting with minors, and

AM\1208140EN.docx 101/133 PE653.762v02-00 EN a prohibition on the use of discriminatory practices for the provision of services or products;

Or. en

Amendment 202 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 15 – subparagraph 1 (new)

Motion for a resolution Amendment

Maintains that these forms of harmful content include micro targeting based on characteristics exposing physical or psychological vulnerabilities, health related content such as disinformation on COVID-19 causes or remedies and emerging issues such as the organised abuse of multiple platforms, artificial intelligence applications creating fake profiles or manipulating online content; points out that special attention should be paid to harmful content in the context of minors using the internet, especially in regard to their exposure to cyberbullying, sexual harassment, pornography, violence or self-harm;

Or. en

Amendment 203 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 15 – indent 1 (new)

Motion for a resolution Amendment

- Considers that, as a general principle, targeted advertising can have a positive economic and societal impact and points to the fact that GDPR needs to be

PE653.762v02-00 102/133 AM\1208140EN.docx EN fully and properly enforced to ensure the respect of users' privacy;

Or. en

Amendment 204 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Points out that the Digital Services Act shall not use the legally undefined concept of “harmful content”, but shall address the publication of content that is unlawful; emphasizes that the spreading of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions shall require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms shall provide users with an interface to have content curated by software or services of their choice;

Or. en

Amendment 205 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann, Paul Tang

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Highlights how the personalisation of informational environments that data- driven profiling makes possible brings

AM\1208140EN.docx 103/133 PE653.762v02-00 EN with it new capacities to manipulate individuals in subtle, yet highly effective ways; underlines that when the profiling is deployed at scale for political micro targeting to manipulate voting behaviour, it can seriously undermine the foundations of democracy; therefore expects the Commission to provide guidelines on the use of such persuasive digital technologies in electoral campaigns and political advertising policy;

Or. en

Amendment 206 Dragoş Tudorache

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Deems that misleading or obscure political advertising is a special class of online threat because it influences the core mechanisms that enable the functioning of our democratic society, especially when such content is sponsored by third-parties and foreign actors; calls, in this regard, for the establishment of strict transparency requirements for the display of paid political advertisement;

Or. en

Amendment 207 Moritz Körner

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Calls on digital service providers to

PE653.762v02-00 104/133 AM\1208140EN.docx EN take the necessary measures to identify and label content uploaded by social bots.

Or. en

Amendment 208 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann, Paul Tang

Motion for a resolution Paragraph 15 b (new)

Motion for a resolution Amendment

15b. Is concerned of platforms and services that deliberately lock in their users onto that specific platform, thus amplifying their dominant market power and their ability to profile their users even more thoroughly, creating extremely invasive and revealing profiles of their users; calls therefore on the Commission to guarantee the interoperability of digital services; considers in this regard the application programming interfaces (APIs), enabling a user to interconnect between platforms and to import content moderation rules on the content they view on a platform, to be useful tools in bringing true interoperability to users and thus increasing their options to choose between different kinds of recommendation systems and services;

Or. en

Amendment 209 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 15 b (new)

Motion for a resolution Amendment

AM\1208140EN.docx 105/133 PE653.762v02-00 EN 15b. Notes the potential negative impact of micro-targeted advertising, micro- targeted content curation and of assessment of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; reconfirms that the ePrivacy Directive makes targeted content curation subject to an opt-in decision and is otherwise prohibited;

Or. en

Amendment 210 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann, Paul Tang

Motion for a resolution Paragraph 15 c (new)

Motion for a resolution Amendment

15c. Notes that policies for monetisation of content affect what kind of content is seen by users and therefore finally also what kind of content will be uploaded by users; calls therefore for online content hosting platforms to be required to have transparent, non- discriminatory content demonetisation policies in order to guarantee fully the right to freedom of expression online;

Or. en

Amendment 211 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

PE653.762v02-00 106/133 AM\1208140EN.docx EN 16. Deems that accountability- and 16. Underlines the wedge between the evidence-based policy making requires speed and capacity of machines relative to robust data on the prevalence and removal the capacity of humans to monitor these of illegal content online; machines; therefore deems that accountability always lies with the human overseers - and calls for evidence-based policy making, requiring robust data on the prevalence and removal of illegal content online, in order to ensure a transparent system that can be trusted by all;

Or. en

Amendment 212 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Deems that accountability- and 16. Deems that accountability- and evidence-based policy making requires evidence-based policy making requires robust data on the prevalence and removal robust data on the prevalence and removal of illegal content online; of illegal content online, as well as the incidence and prevention of illegal activity online, particularly against children and other vulnerable groups;

Or. en

Amendment 213 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Deems that accountability- and 16. Deems that accountability- and evidence-based policy making requires evidence-based policy making requires robust data on the prevalence and removal robust data on the prevalence and removal

AM\1208140EN.docx 107/133 PE653.762v02-00 EN of illegal content online; of illegal content online, as well as on the content curation algorithms of online platforms;

Or. en

Amendment 214 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Deems that accountability- and 16. Deems that accountability, both in evidence-based policy making requires the private and public sector, and robust data on the prevalence and removal evidence-based policy making require of illegal content online; robust data on the prevalence and removal of illegal content online;

Or. en

Amendment 215 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls, in this regard, for a regular public reporting obligation for platforms, public reporting obligation for platforms, proportionate to their scale of reach and proportionate to their scale of reach and operational capacities; operational capacities, more specifically on their content moderation procedures, including standardised data about the amount of content removed and the underlying reasons, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore;

Or. en

PE653.762v02-00 108/133 AM\1208140EN.docx EN Amendment 216 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls, in this regard, for a regular, public reporting obligation for platforms, comprehensive and consistent public proportionate to their scale of reach and reporting obligation for platforms, operational capacities; proportionate to their scale of reach and operational capacities, including inter alia information on adopted measures against illegal activities online, number of removed illegal material, number and outcome of internal complaints and judicial remedy;

Or. en

Amendment 217 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls, in this regard, for a regular public reporting obligation for platforms, annual public reporting obligation for proportionate to their scale of reach and platforms, proportionate to their scale of operational capacities; reach and operational capacities; stresses that such reports, covering actions taken in the year preceding the year of submission, should be submitted by the end of the first quarter of that year;

Or. pl

Amendment 218 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution

AM\1208140EN.docx 109/133 PE653.762v02-00 EN Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls, in this regard, for a regular public reporting obligation for platforms, public reporting obligation for platforms, proportionate to their scale of reach and proportionate to their scale of reach and operational capacities; operational capacities; in the case of child sexual abuse, the reporting should be done to the EU Centre for Preventing and Combating child sexual abuse;

Or. en

Amendment 219 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls, in this regard, for a regular, public reporting obligation for platforms, comprehensive and consistent public proportionate to their scale of reach and reporting obligation for platforms, operational capacities; proportionate to their scale of reach and operational capacities;

Or. en

Amendment 220 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Calls, in this regard, for a regular 17. Calls for large commercial online public reporting obligation for platforms, platforms to make their procedures and proportionate to their scale of reach and decisions to remove content publicly operational capacities; available;

Or. en

PE653.762v02-00 110/133 AM\1208140EN.docx EN Amendment 221 Kris Peeters, Tomáš Zdechovský, Javier Zarzalejos, Paulo Rangel

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Calls, moreover, for a regular 18. Calls, moreover, for a regular public reporting obligation for national public reporting obligation for national authorities; authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests which were subject to administrative or judicial remedies, on the outcome of these proceedings, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed;

Or. en

Amendment 222 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Calls, moreover, for a regular 18. Calls, moreover, for a regular public reporting obligation for national public reporting obligation for national authorities; authorities, including inter alia information on the number of removal orders, on the number of identified illegal content or activities which led to investigation and prosecution, and the number of cases of content or activities wrongly identified as illegal;

Or. en

Amendment 223

AM\1208140EN.docx 111/133 PE653.762v02-00 EN Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Calls, moreover, for a regular 18. Calls, moreover, for a regular public reporting obligation for national public reporting obligation for national authorities; authorities, including inter alia information on the number of removal orders, on the number of identified illegal content or activities which led to investigation and prosecution, and the number of cases of content or activities wrongly identified as illegal;

Or. en

Amendment 224 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Calls, moreover, for a regular 18. Calls, moreover, for a regular public reporting obligation for national public reporting obligation for national authorities; authorities on their requests for deletion of illegal content from digital platforms;

Or. en

Amendment 225 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Calls, moreover, for a regular 18. Calls, moreover, for a regular public reporting obligation for national annual public reporting obligation for

PE653.762v02-00 112/133 AM\1208140EN.docx EN authorities; national authorities;

Or. pl

Amendment 226 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Expresses its concern regarding the 19. Expresses its concern regarding the fragmentation of public oversight and documented lack of financial and human supervision of platforms and the frequent resources for the supervision and oversight lack of financial and human resources for bodies needed to properly fulfil their tasks; the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services;

Or. en

Amendment 227 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Expresses its concern regarding the 19. Expresses its concern regarding the fragmentation of public oversight and fragmentation of public oversight and supervision of platforms and the frequent supervision of online platforms and other lack of financial and human resources for digital service providers and the frequent the oversight bodies needed to properly lack of financial and human resources that fulfil their tasks; calls for increased the oversight bodies need to properly fulfil cooperation with regard to regulatory their tasks; calls for increased cooperation oversight of digital services; with regard to regulatory oversight of digital services;

Or. en

AM\1208140EN.docx 113/133 PE653.762v02-00 EN Amendment 228 Marina Kaljurand, Birgit Sippel, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Considers that in order to guarantee proper enforcement of the Digital Services Act, the oversight of compliance with this Act should be entrusted in an independent authority, while any decisions relating to content should always remain with the judiciary; emphasises in this regard that sanctioning for non-compliance with the Digital Services Act should be based on an assessment of a clearly defined set of factors, such as proportionality, technical and organisational measures and negligence, and the resulting sanctions should be based on a percentage of the annual global turnover of a company;

Or. en

Amendment 229 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an deleted independent EU body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful;

Or. pl

PE653.762v02-00 114/133 AM\1208140EN.docx EN Amendment 230 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an deleted independent EU body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful;

Or. en

Amendment 231 Moritz Körner

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an 20. Calls on the Commission to set up, independent EU body to exercise effective similarly to the European system of oversight of compliance with the financial supervision (ESFS), a European applicable rules; believes that it should system of digital services' supervision and enforce procedural safeguards and to task existing EU agencies and transparency and provide quick and competent national supervisory reliable guidance on contexts in which authorities to audit digital service legal content is to be considered harmful; providers’ internal policies and algorithms with due regard to Union law and in all circumstances to the fundamental rights of the services’ users, taking into account the fundamental importance of non-discrimination and the freedom of expression and information in an open and democratic society, and without publishing commercially sensitive data. Requests that this European system of digital services' supervision ensures that the rules applicable to digital service providers are adequately implemented and

AM\1208140EN.docx 115/133 PE653.762v02-00 EN enforced across Member States in order to provide protection for the services’ users and to facilitate a European digital single market.

Or. en

Amendment 232 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an 20. Calls on the Commission to independent EU body to exercise effective exercise effective oversight of compliance oversight of compliance with the with the applicable rules, in particular the applicable rules; believes that it should enforcement of procedural safeguards and enforce procedural safeguards and transparency; transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful;

Or. fr

Amendment 233 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an 20. Supports the creation of an independent EU body to exercise effective independent EU body to exercise effective oversight of compliance with the oversight of compliance with the applicable rules; believes that it should applicable rules; stresses that it should enforce procedural safeguards and guarantee a harmonised implementation transparency and provide quick and of these rules across the Union and reliable guidance on contexts in which enforce procedural safeguards and legal content is to be considered harmful; transparency; believes that it should provide reliable guidance on contexts in which legal content is to be considered harmful;

PE653.762v02-00 116/133 AM\1208140EN.docx EN Or. en

Amendment 234 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an 20. Supports the exercise of effective independent EU body to exercise effective oversight of compliance with the oversight of compliance with the applicable rules; believes that it should applicable rules; believes that it should enforce procedural safeguards and enforce procedural safeguards and transparency and provide quick and transparency and provide quick and reliable guidance on how illegal content is reliable guidance on contexts in which addressed; legal content is to be considered harmful;

Or. en

Amendment 235 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Supports the creation of an 20. Supports the creation of an independent EU body to exercise effective enforcement mechanism coordinated at oversight of compliance with the EU level, with clear allocation of applicable rules; believes that it should responsibilities and necessary enforce procedural safeguards and enforcement tools to exercise effective transparency and provide quick and oversight of compliance with the reliable guidance on contexts in which applicable rules; believes that it should legal content is to be considered harmful; enforce procedural safeguards and transparency;

Or. en

Amendment 236

AM\1208140EN.docx 117/133 PE653.762v02-00 EN Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the transparency deleted reports drawn up by platforms and national competent authorities should be made available to this EU body, which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at EU level;

Or. en

Amendment 237 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the transparency 21. Considers that the transparency reports drawn up by platforms and national reports drawn up by platforms and national competent authorities should be made competent authorities should be made available to this EU body, which should be available to the EU bodies, which should tasked with drawing up yearly reports that be tasked with drawing up yearly reports provide a structured analysis of illegal that provide a structured analysis of illegal content removal and blocking at EU level; content removal and blocking at EU level; stresses that these reports should be published annually on the public services of the EU institutions;

Or. pl

Amendment 238 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 21

PE653.762v02-00 118/133 AM\1208140EN.docx EN Motion for a resolution Amendment

21. Considers that the transparency 21. Considers that the transparency reports drawn up by platforms and reports drawn up by platforms and national competent authorities should be competent authorities should be made made available to this EU body, which publicly available, including drawing up should be tasked with drawing up yearly yearly reports that provide a structured reports that provide a structured analysis of analysis of content removal at EU level; illegal content removal and blocking at EU considers that cases which did not result level; in the removal or disabling access to content shall also be reported;

Or. en

Amendment 239 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the transparency 21. Considers that the transparency reports drawn up by platforms and national reports drawn up by platforms and national competent authorities should be made competent authorities should be made available to this EU body, which should be available to this EU enforcement tasked with drawing up yearly reports that mechanism, which should be tasked with provide a structured analysis of illegal drawing up yearly reports that provide a content removal and blocking at EU level; structured analysis of illegal content removal and blocking at EU level;

Or. en

Amendment 240 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the transparency 21. Considers that the transparency reports drawn up by platforms and national reports drawn up by platforms and national

AM\1208140EN.docx 119/133 PE653.762v02-00 EN competent authorities should be made competent authorities should be made available to this EU body, which should be available to this EU body, which should be tasked with drawing up yearly reports that tasked with drawing up yearly reports that provide a structured analysis of illegal provide a structured analysis of illegal content removal and blocking at EU level; content, detection, removal and blocking at EU level;

Or. en

Amendment 241 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the transparency 21. Considers that the transparency reports drawn up by platforms and national reports drawn up by platforms and national competent authorities should be made competent authorities should be made available to this EU body, which should be available to the Commission, which should tasked with drawing up yearly reports that be tasked with drawing up yearly reports provide a structured analysis of illegal that provide a structured analysis of illegal content removal and blocking at EU level; content removal and blocking at EU level;

Or. fr

Amendment 242 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should deleted not take on the role of content moderator, but that it should analyse, upon complaint or on its own initiative, whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely

PE653.762v02-00 120/133 AM\1208140EN.docx EN manner;

Or. fr

Amendment 243 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should deleted not take on the role of content moderator, but that it should analyse, upon complaint or on its own initiative, whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;

Or. en

Amendment 244 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should 22. Calls for the competent authority not take on the role of content moderator, to have the power to impose proportionate but that it should analyse, upon complaint fines or other corrective actions when or on its own initiative, whether and how platforms do not provide sufficient digital service providers amplify illegal information on their procedures or content; calls for this regulator to have the algorithms in a timely manner; power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely

AM\1208140EN.docx 121/133 PE653.762v02-00 EN manner;

Or. en

Amendment 245 Kris Peeters, Tomáš Zdechovský, Paulo Rangel

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should 22. Stresses that this EU body should not take on the role of content moderator, not take on the role of content moderator, but that it should analyse, upon complaint but that it should analyse, upon complaint or on its own initiative, whether and how or on its own initiative, whether and how digital service providers amplify illegal digital service providers amplify illegal content; calls for this regulator to have the content, for example recommendation power to impose proportionate fines or engines and optimisation features such as other corrective actions when platforms do autocomplete and trending; calls for this not provide sufficient information on their regulator to have the power to impose procedures or algorithms in a timely proportionate fines or other corrective manner; actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;

Or. en

Amendment 246 Beata Kempa, Patryk Jaki

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should 22. Stresses that the EU institutions not take on the role of content moderator, should not take on the role of content but that it should analyse, upon complaint moderator, but that they should analyse, or on its own initiative, whether and how upon complaint or on its own initiative, digital service providers amplify illegal whether and how digital service providers content; calls for this regulator to have the amplify illegal content; calls for the EU power to impose proportionate fines or institutions to have the power to indicate other corrective actions when platforms do corrective actions when platforms do not not provide sufficient information on their provide sufficient information on their

PE653.762v02-00 122/133 AM\1208140EN.docx EN procedures or algorithms in a timely procedures or algorithms in a timely manner; manner;

Or. pl

Amendment 247 Cornelia Ernst, Pernando Barrena Arza, Clare Daly

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Stresses that this EU body should 22. Stresses that this EU enforcement not take on the role of content moderator, mechanism should not take on the role of but that it should analyse, upon complaint content moderator, but that it should or on its own initiative, whether and how analyse, upon complaint or on its own digital service providers amplify illegal initiative, whether and how digital service content; calls for this regulator to have the providers amplify illegal content; calls for power to impose proportionate fines or this regulator to have the power to impose other corrective actions when platforms do proportionate fines or other corrective not provide sufficient information on their actions when platforms do not provide procedures or algorithms in a timely sufficient information on their procedures manner; or algorithms in a timely manner;

Or. en

Amendment 248 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 22 a (new)

Motion for a resolution Amendment

22a. Is concerned that the increased use of automated decision making and machine learning for purposes such as identification, prediction of behaviour or targeted advertising leads to exacerbated direct and indirect discrimination based on grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a

AM\1208140EN.docx 123/133 PE653.762v02-00 EN national minority, property, birth, disability, age or sexual orientation when using digital services; insists that the Digital Services Act must aim to ensure a high level of transparency as regards the functioning of online services and a digital environment free of discrimination;

Or. en

Amendment 249 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 22 a (new)

Motion for a resolution Amendment

22a. Considers it necessary, given the increasing fragmentation of national laws on tackling illegal content, to strengthen cooperation mechanisms between the Member States, including with the support of the Commission and the EU agencies; underlines the importance of such a dialogue, in particular on countries' differing opinions as to whether content is illegal or not and its potential impact;

Or. fr

Amendment 250 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 22 a (new)

Motion for a resolution Amendment

22a. Welcomes the Commission initiative to create a European Digital Media Observatory to support

PE653.762v02-00 124/133 AM\1208140EN.docx EN independent fact-checking services, increase public knowledge on online disinformation and support public authorities in charge of monitoring digital media;

Or. en

Amendment 251 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 22 b (new)

Motion for a resolution Amendment

22b. Is concerned that the increased use of automated decision making and machine learning for purposes such as identification, prediction of behaviour or targeted advertising may lead to exacerbated direct and indirect discrimination based on grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation when using digital services; insists that the Digital Services Act must aim to ensure a high level of transparency as regards the functioning of online services and a digital environment free of discrimination;

Or. en

Amendment 252 Fabienne Keller, Nathalie Loiseau

Motion for a resolution Paragraph 22 b (new)

AM\1208140EN.docx 125/133 PE653.762v02-00 EN Motion for a resolution Amendment

22b. Considers it necessary also to strengthen marketplace liability by means of a specific liability regime in order to protect consumers from dangerous products, particularly through information and transparency, and to guarantee their rights;

Or. fr

Amendment 253 Caterina Chinnici, Hilde Vautmans, Javier Moreno Sánchez, Laura Ferrara, Brando Benifei

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Underlines the importance of 23. Underlines the importance of empowering users to enforce their own empowering users to enforce their own fundamental rights online, including by fundamental rights online, including by means of easily accessible complaint means of easily accessible complaint procedures, legal remedies, educational procedures, reporting mechanisms for measures and awareness-raising on data illegal content and criminal behaviour for protection issues; individuals and companies, legal remedies, educational measures, , including the sharing of advice on child online safety, awareness-raising on data protection issues and online safety and the provision of access to cost-free child helplines and age-appropriate services;

Or. en

Amendment 254 Cornelia Ernst, Pernando Barrena Arza, Clare Daly, Anne-Sophie Pelletier

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

PE653.762v02-00 126/133 AM\1208140EN.docx EN 23. Underlines the importance of 23. Underlines the importance of empowering users to enforce their own empowering users to enforce their own fundamental rights online, including by fundamental rights online, including by means of easily accessible complaint means of transparency obligations for procedures, legal remedies, educational online services and easily accessible, measures and awareness-raising on data impartial, efficient and free complaint protection issues; procedures, legal remedies, educational measures and awareness-raising on data protection issues;

Or. en

Amendment 255 Patrick Breyer on behalf of the Verts/ALE Group

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Underlines the importance of 23. Underlines the importance of empowering users to enforce their own empowering users to enforce their own fundamental rights online, including by fundamental rights online, including by means of easily accessible complaint means of easily accessible, impartial, procedures, legal remedies, educational efficient and free complaint procedures, measures and awareness-raising on data legal remedies, educational measures and protection issues; awareness-raising on data protection issues;

Or. en

Amendment 256 Magdalena Adamowicz

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Underlines that in order to fully enjoy fundamental rights, such as freedom of expression and access to information, developed media literacy skills remain crucial; recalls the

AM\1208140EN.docx 127/133 PE653.762v02-00 EN fundamental role of media literacy as one of the primary solutions to growing disinformation- and hate speech-related issues, and calls on the Commission and Member States to improve media literacy through support for educational initiatives aimed at both students and professional educators, as well as through targeted awareness-raising campaigns within civil society;

Or. en

Amendment 257 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru, Raphaël Glucksmann

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Emphasises the indispensability of agreed standards of essential security in cyberspace in order for digital services to provide their full benefits to citizens; notes therefore the urgent need for Member States to take coordinated action to ensure basic cyber hygiene and to prevent avoidable dangers in cyberspace, including through legislative measures;

Or. en

Amendment 258 Malin Björk

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Further to empowering users to their fundamental rights online, calls on the Commission to ensure that users have access to diverse and quality content

PE653.762v02-00 128/133 AM\1208140EN.docx EN online as a mean towards an informed citizenship; in this respect calls on the Commission to propose safeguards ensuring quality media content is easy to access and easy to find on third-party platforms;

Or. en

Amendment 259 Tomas Tobé

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Further calls on the Commission to establish a framework that avoids platforms from exercising a second layer of control over content that is provided under a media service provider’s responsibility and which is subject to specific standards and oversight;

Or. en

Amendment 260 Moritz Körner

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Requests that digital services providers to the maximum extent possible give their users the possibility to choose which content they want to be presented and in which order.

Or. en

AM\1208140EN.docx 129/133 PE653.762v02-00 EN Amendment 261 Marina Kaljurand, Tanja Fajon, Tudor Ciuhodaru

Motion for a resolution Paragraph 23 b (new)

Motion for a resolution Amendment

23b. Stresses that the only way for digital services to achieve their full potential is to enable users to be identified unambiguously in an equivalent manner to offline services; notes that online identification can be improved by enforcing eIDAS Regulation’s cross- border interoperability of electronic identifications across the European Union; reminds that Member States and European institutions have to guarantee that the electronic identifications are secure, enable data minimisation and comply with all other aspects of GDPR;

Or. en

Amendment 262 Magdalena Adamowicz

Motion for a resolution Paragraph 23 b (new)

Motion for a resolution Amendment

23b. Further to empowering users to their fundamental rights online, calls on the Commission to ensure that users have access to diverse and quality content online as a mean towards an informed citizenship; in this respect calls on the Commission to propose safeguards ensuring quality media content is easy to access and easy to find on third party platforms;

Or. en

PE653.762v02-00 130/133 AM\1208140EN.docx EN Amendment 263 Malin Björk

Motion for a resolution Paragraph 23 b (new)

Motion for a resolution Amendment

23b. Further calls on the Commission to establish new rules that proscribe platforms’ practices interfering with media freedom and pluralism, in particular by prohibiting platforms from exercising a second layer of control over content that is provided under a media service provider’s responsibility and which is subject to specific standards and oversight;

Or. en

Amendment 264 Moritz Körner

Motion for a resolution Paragraph 23 b (new)

Motion for a resolution Amendment

23b. Requests, based on the principles above, that the Digital Services Act harmonises and replaces the liability measures laid down in the Digital Single Market Copyright Directive, the Audiovisual Media Services Directive and the Terrorist Content Online Regulation.

Or. en

Amendment 265 Malin Björk

Motion for a resolution Paragraph 23 c (new)

AM\1208140EN.docx 131/133 PE653.762v02-00 EN Motion for a resolution Amendment

23c. Strongly underlines the importance of media pluralism, public service media and independent as well as non-commercial media for citizen’s access to quality information; firmly believes that disinformation and “fake news” can only be curbed by public access to high-quality information and education; underlines the importance of mechanisms that support independent media and public service media;

Or. en

Amendment 266 Paul Tang

Motion for a resolution Paragraph 24 a (new)

Motion for a resolution Amendment

24a. Recommends the Commission to create a verification system for users of digital services, in order to ensure the protection of personal data and age verification, especially for minors, which shall not be used to track the users cross- site nor used commercially;

Or. en

Amendment 267 Paul Tang

Motion for a resolution Paragraph 24 c (new)

Motion for a resolution Amendment

24c. Notes unnecessary collection of personal data by digital services at the point of registration for a service, such as

PE653.762v02-00 132/133 AM\1208140EN.docx EN date and place of birth, cell phone number and postal address, often caused by the use of single-sign in possibilities; Underlines that the GDPR clearly describes the data minimisation principle, thereby limiting the collected data to only that strictly necessary for the purpose; Asks therefore the Commission to create a single European sign-in system and to introduce an obligation to always also offer a manual sign-in option;

Or. en

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