If you've been following the slow progress of the European Commission's proposal to introduce new
upload filtering mandates for Internet platforms
, or its equally misguided plans to impose a new link tax
on those who publish snippets from news stories, you should know that the end game is close at hand. The LIBE (Civil Liberties) Committee is the last committee of the European Parliament that is due to vote on its opinion on the so-called
"Digital Single Market" proposals this Thursday October 5, before the proposals return to their home committee of the Parliament (the JURI or Legal Affairs Committee) for the preparation of a final draft.
The Confused Thinking Behind the Upload Filtering Mandate
The Commission's rationale for the upload filtering mandate seems to be that in order to address unwelcome behavior online (in this case, copyright infringement), you have to not only make that behavior illegal, but you also have to make it impossible
. The same rationale also underpins other similar notice and stay-down schemes, such as one that already
exists in Italy
; they are meant to stop would-be copyright infringement in its tracks by preventing presumptively-infringing material from being uploaded to begin with, thereby preventing it from being downloaded by anyone else.
But this kind of prior restraint on speech or behavior isn't commonly applied to citizens in any other area of their lives. You car isn't speed-limited so that it's impossible for you to exceed the speed limit. Neither does your telephone contain
a bugging device that makes it impossible for you to slander your neighbor. Why is copyright treated so differently, that it requires not only that actual infringements be dealt with (Europe's existing DMCA-like
notice and takedown system
already provides for this), but that predicted future infringements also be prevented?
More importantly, what about the rights of those whose uploaded content is flagged as being copyright-infringing, when it really isn't? The European Commission's own research, in a commissioned report that they
attempted to bury
, suggests that the harm to copyright holders from copyright infringement is much less than has been often assumed. At the very least, this has to give us pause before adopting new extreme copyright enforcement measures that will impact users'
Even leaving aside the human impact of the upload filter, European policymakers should also be concerned about the impact of the mandate on small businesses and startups. A market-leading tool required to implement upload filtering just for
audio files would cost a medium-sized file hosting company between $10,000 to $25,000 per month in license fees
alone. In the name of copyright enforcement, European policymakers would give a market advantage to entrenched large companies at the expense of smaller local companies and startups.
The Link Tax Proposal is Also Confused
The link tax proposal is also based on a false premise. But if you are expecting some kind of doctrinally sound legal argument for why a new link-tax ought to inhere in news publishers, you will be sorely disappointed. Purely and simply, the
proposal is founded on the premise that because news organizations are struggling to maintain their revenues in the post-millennial digital media space, and because Internet platforms are doing comparatively better, it is politically expedient
that the latter industry be made to subsidize the former. There's nothing more coherent behind this proposal than that kind of base realpolitik.
But the proposal doesn't even work on that level. In fact, we agree that news publishers are struggling. We just don't think that taxing those who publish snippets of news articles will do anything to help them. Indeed, the fact that
small news publishers have rejected the link tax proposal
, and that previous implementations of the link tax in Spain and Germany were dismal failures
, tells you all that you need to know about whether taxing links would really be good for journalism.
So as these two misguided and harmful proposals make their way through the LIBE committee this week, it's time to call an end to this nonsense. Digital rights group OpenMedia has launched a click-to-call tool that you can use, available in
, and Polish
. If you're a European citizen, the tool will call your representative on the LIBE committee, and if you don't have an MEP, it calls the committee chair, Claude Moraes. As the counter clicks closer to midnight on these regressive and cynical
copyright measures, it's more important than ever for individual users like you to be heard.
11th October 2017. From OpenMedia
With only 48 hours notice we received word that the vote had been delayed. Why? The content censorship measures have become so controversial that MEPs decided that they needed more work to improve them, before they would be ready to go vote.
There's never been a better time to call your MEP about these rules. This week they are back in their offices and ready to start thinking with a fresh head. The delay means we have even more time to say no to content censorship, and no to the Link
Tax. With so many people speaking up, it's clear our opponents are rattled. Now we must keep up the pressure.
Call your MEP now