Poland is challenging the EU's copyright directive in the EU Court of Justice (CJEU) on grounds of its threats to freedom of speech on the internet, Foreign Minister Jacek Czaputowicz said on Friday.
The complaint especially addresses a mechanism obliging online services to run preventive checks on user content even without suspicion of copyright infringement. Czaputowicz explained at a press conference in Warsaw:
Poland has charged the copyright directive to the CJEU, because in our opinion it creates a fundamental threat to freedom of speech on the internet. Such censorship is forbidden both by the Polish constitution and EU law. The Charter of
Fundamental Rights (of the European Union - PAP) guarantees freedom of speech.
The directive is to change the way online content is published and monitored. EU members have two years to introduce the new regulations. Against the directive are Poland, Holland, Italy, Finland and Luxembourg.
The EU Council of Ministers has approved the Copyright Directive, which includes the link tax and censorship machines. The legislation was voted through by a majority of EU ministers despite noble opposition from Italy, Luxembourg, Netherlands,
Poland, Finland, and Sweden.
As explained by Julia Reda MEP, a majority of 55% of Member States, representing 65% of the population, was required to adopt the legislation. That was easily achieved with 71.26% in favor, so the Copyright Directive will now pass into law.
As the image above shows, several countries voted against adoption, including Italy, Luxembourg, Netherlands, Poland, Finland, and Sweden. Belgium, Estonia, and Slovenia absta ined.
But in the final picture that just wasn't enough, with both Germany and the UK voting in favor, the Copyright Directive is now adopted.
EU member states will now have two years to implement the law, which requires platforms like YouTube to sign licensing agreements with creators in order to use their content. If that is not possible, they will have to ensure that infringing
content uploaded by users is taken down and not re-uploaded to their services.
The entertainment lobby will not stop here, over the next two years, they will push for national implementations that ignore users' fundamental rights, comments Julia Reda:
It will be more important than ever for civil society to keep up the pressure in the Member States!