The European lobby for online platforms, Edima, says it is ready to consider a new European framework for digital services provided that it does not touch the limited liability regime or the prohibition against a general monitoring obligation in the e-Commerce Directive.
In a position paper presented to the Commission on Tuesday 7 January, the organisation, which represents Google and Facebook among others, suggests a framework of ‘ responsibility’ separate from the issue of ‘liability’.
This framework would apply horizontally to all sectors and would initially target illegal content. According to Edima, ‘harmful content’ is a complex concept, as it is subjective, highly context-dependent and can vary considerably from one Member State to another due to differences in culture and language.
The framework of responsibility could be supplemented by specific rules by sector or by content, based on the three pillars of European policy: self-regulation, co-regulation and legislation.
The organisation also says it is prepared to consider setting up a new European body or coordination mechanism at EU level for national authorities “capable of delivering legal certainty and consistency for all parties”.
This body should operate on the principle of co-regulation, in concert with the platforms, and should not be empowered to assess the legality of individual content items or to issue takedown notices from the jurisdiction of the courts, the lobby believes.
See Edima's position: http://bit.ly/2sb1RdC (Original version in French by Sophie Petitjean)