How often you hear about people being prosecuted for falsely flagging content as offensive online? How often you hear about prosecutions about false copyright infringement notifications? The latter happens only very rarely in cases of blatant abuse, usually coupled with massive fraud and other crimes (never happens to automatic systems big IP holders use, they just write it off as innocent error in 100% of the cases), the former happens never.
That happens under the DMCA, prosecution under existing EU law and the new art11 and art13 wouldn't change much. Notice&Takedown does allow me to review any requests unlike the DMCA and Art13 requires human review in case of disputes. To my knowledge I can ignore entities that send me lots of useless Notices about third party content without legal consequence, I could even get a restraining order.
