+SECTION I GENERAL PROVISIONS Article 1 Subject matter and scope 1. This Regulation lays down uniform rules to address the misuse of hosting services for the dissemination to the public of terrorist content online, in particular on: (a) reasonable and proportionate duties of care to be applied by hosting service providers in order to address the dissemination to the public of terrorist content through their services and ensure, where necessary, the expeditious removal of or disabling of access to such content; (b) the measures to be put in place by Member States, in accordance with Union law and subject to suitable safeguards to protect fundamental rights, in particular the freedom of expression and information in an open and democratic society, in order to: (i) identify and ensure the expeditious removal of terrorist content by hosting service providers; and (ii) facilitate cooperation among the competent authorities of Member States, hosting service providers and, where appropriate, Europol. 2. This Regulation applies to hosting service providers offering services in the Union, irrespective of their place of main establishment, insofar as they disseminate information to the public. 3. Material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material which represents an expression of polemic or controversial views in the course of public debate, shall not be considered to be terrorist content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes. 4. This Regulation shall not have the effect of modifying the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to freedom of expression and information, including freedom and pluralism of the media. 5. This Regulation shall be without prejudice to Directives 2000/31/EC and 2010/13/EU. For audiovisual media services as defined in point (a) of Article 1(1) of Directive 2010/13/EU, Directive 2010/13/EU shall prevail. Article 2 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘hosting service provider’ means a provider of services as defined in point (b) of Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council ( 14 ) , consisting of the storage of information provided by and at the request of a content provider; (2) ‘content provider’ means a user that has provided information that is, or that has been, stored and disseminated to the public by a hosting service provider; (3) ‘dissemination to the public’ means the making available of information, at the request of a content provider, to a potentially unlimited number of persons; (4) ‘offering services in the Union’ means enabling natural or legal persons in one or more Member States to use the services of a hosting service provider which has a substantial connection to that Member State or those Member States; (5) ‘substantial connection’ means the connection of a hosting service provider with one or more Member States resulting either from its establishment in the Union or from specific factual criteria, such as: (a) having a significant number of users of its services in one or more Member States; or (b) the targeting of its activities to one or more Member States; (6) ‘terrorist offences’ means offences as defined in Article 3 of Directive (EU) 2017/541; (7) ‘terrorist content’ means one or more of the following types of material, namely material that: (a) incites the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541, where such material, directly or indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences, thereby causing a danger that one or more such offences may be committed; (b) solicits a person or a group of persons to commit or contribute to the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (c) solicits a person or a group of persons to participate in the activities of a terrorist group, within the meaning of point (b) of Article 4 of Directive (EU) 2017/541; (d) provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of one of the terrorist offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (e) constitutes a threat to commit one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (8) ‘terms and conditions’ means all terms, conditions and clauses, irrespective of their name or form, which govern the contractual relationship between a hosting service provider and its users; (9) ‘main establishment’ means the head office or registered office of the hosting service provider within which the principal financial functions and operational control are exercised.

SECTION I GENERAL PROVISIONS Article 1 Subject matter and scope 1. This Regulation lays down uniform rules to address the misuse of hosting services for the dissemination to the public of terrorist content online, in particular on: (a) reasonable and proportionate duties of care to be applied by hosting service providers in order to address the dissemination to the public of terrorist content through their services and ensure, where necessary, the expeditious removal of or disabling of access to such content; (b) the measures to be put in place by Member States, in accordance with Union law and subject to suitable safeguards to protect fundamental rights, in particular the freedom of expression and information in an open and democratic society, in order to: (i) identify and ensure the expeditious removal of terrorist content by hosting service providers; and (ii) facilitate cooperation among the competent authorities of Member States, hosting service providers and, where appropriate, Europol. 2. This Regulation applies to hosting service providers offering services in the Union, irrespective of their place of main establishment, insofar as they disseminate information to the public. 3. Material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material which represents an expression of polemic or controversial views in the course of public debate, shall not be considered to be terrorist content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes. 4. This Regulation shall not have the effect of modifying the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to freedom of expression and information, including freedom and pluralism of the media. 5. This Regulation shall be without prejudice to Directives 2000/31/EC and 2010/13/EU. For audiovisual media services as defined in point (a) of Article 1(1) of Directive 2010/13/EU, Directive 2010/13/EU shall prevail. Article 2 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘hosting service provider’ means a provider of services as defined in point (b) of Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council ( 14 ) , consisting of the storage of information provided by and at the request of a content provider; (2) ‘content provider’ means a user that has provided information that is, or that has been, stored and disseminated to the public by a hosting service provider; (3) ‘dissemination to the public’ means the making available of information, at the request of a content provider, to a potentially unlimited number of persons; (4) ‘offering services in the Union’ means enabling natural or legal persons in one or more Member States to use the services of a hosting service provider which has a substantial connection to that Member State or those Member States; (5) ‘substantial connection’ means the connection of a hosting service provider with one or more Member States resulting either from its establishment in the Union or from specific factual criteria, such as: (a) having a significant number of users of its services in one or more Member States; or (b) the targeting of its activities to one or more Member States; (6) ‘terrorist offences’ means offences as defined in Article 3 of Directive (EU) 2017/541; (7) ‘terrorist content’ means one or more of the following types of material, namely material that: (a) incites the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541, where such material, directly or indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences, thereby causing a danger that one or more such offences may be committed; (b) solicits a person or a group of persons to commit or contribute to the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (c) solicits a person or a group of persons to participate in the activities of a terrorist group, within the meaning of point (b) of Article 4 of Directive (EU) 2017/541; (d) provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of one of the terrorist offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (e) constitutes a threat to commit one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541; (8) ‘terms and conditions’ means all terms, conditions and clauses, irrespective of their name or form, which govern the contractual relationship between a hosting service provider and its users; (9) ‘main establishment’ means the head office or registered office of the hosting service provider within which the principal financial functions and operational control are exercised.

SECTION I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Regulation lays down uniform rules to address the misuse of hosting services for the dissemination to the public of terrorist content online, in particular on:

(a)

reasonable and proportionate duties of care to be applied by hosting service providers in order to address the dissemination to the public of terrorist content through their services and ensure, where necessary, the expeditious removal of or disabling of access to such content;

(b)

the measures to be put in place by Member States, in accordance with Union law and subject to suitable safeguards to protect fundamental rights, in particular the freedom of expression and information in an open and democratic society, in order to:

(i)

identify and ensure the expeditious removal of terrorist content by hosting service providers; and

(ii)

facilitate cooperation among the competent authorities of Member States, hosting service providers and, where appropriate, Europol.

2.   This Regulation applies to hosting service providers offering services in the Union, irrespective of their place of main establishment, insofar as they disseminate information to the public.

3.   Material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material which represents an expression of polemic or controversial views in the course of public debate, shall not be considered to be terrorist content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.

4.   This Regulation shall not have the effect of modifying the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to freedom of expression and information, including freedom and pluralism of the media.

5.   This Regulation shall be without prejudice to Directives 2000/31/EC and 2010/13/EU. For audiovisual media services as defined in point (a) of Article 1(1) of Directive 2010/13/EU, Directive 2010/13/EU shall prevail.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘hosting service provider’ means a provider of services as defined in point (b) of Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council (14), consisting of the storage of information provided by and at the request of a content provider;

(2)

‘content provider’ means a user that has provided information that is, or that has been, stored and disseminated to the public by a hosting service provider;

(3)

‘dissemination to the public’ means the making available of information, at the request of a content provider, to a potentially unlimited number of persons;

(4)

‘offering services in the Union’ means enabling natural or legal persons in one or more Member States to use the services of a hosting service provider which has a substantial connection to that Member State or those Member States;

(5)

‘substantial connection’ means the connection of a hosting service provider with one or more Member States resulting either from its establishment in the Union or from specific factual criteria, such as:

(a)

having a significant number of users of its services in one or more Member States; or

(b)

the targeting of its activities to one or more Member States;

(6)

‘terrorist offences’ means offences as defined in Article 3 of Directive (EU) 2017/541;

(7)

‘terrorist content’ means one or more of the following types of material, namely material that:

(a)

incites the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541, where such material, directly or indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences, thereby causing a danger that one or more such offences may be committed;

(b)

solicits a person or a group of persons to commit or contribute to the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541;

(c)

solicits a person or a group of persons to participate in the activities of a terrorist group, within the meaning of point (b) of Article 4 of Directive (EU) 2017/541;

(d)

provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of one of the terrorist offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541;

(e)

constitutes a threat to commit one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541;

(8)

‘terms and conditions’ means all terms, conditions and clauses, irrespective of their name or form, which govern the contractual relationship between a hosting service provider and its users;

(9)

‘main establishment’ means the head office or registered office of the hosting service provider within which the principal financial functions and operational control are exercised.

1. Übersicht

,

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen

3. Zugehörige Standards

Standards