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Regulating content moderation on social media to safeguard freedom of expression

Amendment No. 5 | Doc. 16089 | 30 January 2025

Signatories:
Mr Paweł JABŁOŃSKI, Poland, EC/DA ; Ms Iwona ARENT, Poland, EC/DA ; Mr Bob De BRABANDERE, Belgium, EC/DA ; Mr Oleksii GONCHARENKO, Ukraine, EC/DA ; Mr Jan KANTHAK, Poland, EC/DA ; Mr Norbert KLEINWÄCHTER, Germany, EC/DA ; Mr Daniel MILEWSKI, Poland, EC/DA ; Ms Dumitrina MITREA, Romania, EC/DA ; Mr Zsolt NÉMETH, Hungary, EC/DA ; Ms Alexandra SCHOOS, Luxembourg, EC/DA ; Mr Markus WIECHEL, Sweden, EC/DA
Origin
2025 - First part-session
In the draft resolution, after paragraph 17, insert the following paragraph:

"refrain from adopting regulations or undertaking measures that would allow or oblige social media platforms or other internet service providers to remove online content solely by virtue of an administrative decision, without effective judicial oversight, available for all parties concerned prior to such removal; any deviations from this principle may only be justified by national security and should always be exceptional;"

Explanatory note

The amendment aims to establish a principle that any removal of online content should - as a general rule, save for gravest matters of national security - always be subject to judicial control prior to such removal, in order to limit potential abuse of power by govt. controlled administrative bodies