FantasticSearch

1. Without prejudice to Regulation (EU) 2022/2065, Member States shall take the necessary measures to ensure that online publicly accessible material as referred to in Article 5(1), points (a) and (b), and Articles 7 and 8 of this Directive is promptly removed or that access thereto is disabled. Measures as referred to in the first subparagraph of this paragraph shall include the possibility for the competent authorities to issue binding legal orders to remove or to disable access to such material. Member States shall ensure that such orders meet, at least, the conditions set out in Article 9(2) of Regulation (EU) 2022/2065.

2. Orders as referred to in the second subparagraph of paragraph 1 shall be addressed to hosting service providers. Where removal would not be feasible, the competent authorities may also address orders to disable access to the material concerned to relevant intermediary service providers other than hosting service providers that have the technical and operational ability to take action regarding the material concerned.

3. Member States shall ensure that, where criminal proceedings regarding an offence as referred to in Article 5(1), point (a) or (b), Article 7 or Article 8 are terminated without leading to a finding that an offence has been committed, orders as referred to in the second subparagraph of paragraph 1 of this Article are discharged and the addressees of such orders are informed thereof.

4. Member States shall ensure that the orders and other measures referred to in paragraph 1 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all relevant parties involved, including their fundamental rights in accordance with the Charter. Member States shall ensure that hosting service providers, other relevant intermediary service providers and content providers affected by an order as referred to in the second subparagraph of paragraph 1 have a right to an effective judicial remedy. Such right shall include the right to challenge such an order before the courts of the Member State of the competent authority that issued the order.

5. Member States shall ensure that the relevant content providers affected by an order as referred to in the first subparagraph of paragraph 1 are informed, where appropriate by the hosting service providers or by any other relevant intermediary service providers concerned, of the reasons for the removal of or the disabling of access to the material pursuant to the orders or other measures referred to in paragraph 1 and of the possibility to have access to judicial redress.

6. Member States shall ensure that the removal of or the disabling of access to the material pursuant to the orders or other measures referred to in paragraph 1 does not prevent the competent authorities from obtaining or securing, without undue delay, the evidence necessary for the investigation and prosecution of an offence as referred to in Article 5(1), point (a) or (b), Article 7 or Article 8.