Politicians, about to vote in favor of mandatory upload filtering in Europe, get channel deleted by
YouTube's upload filtering.
French politicians of the former Front National are furious: their entire YouTube channel was just taken down by automatic filters at YouTube for alleged copyright violations. Perhaps this will cause them to reconsider next week's vote, which they
have announced they will support: the bill that will make exactly this arbitrary, political, and unilateral upload filtering mandatory all across Europe.
The French party Front National, now renamed Rassemblemant National (national rally point), which is one of biggest parties in France, have gotten their YouTube channel disappeared on grounds of alleged copyright violations. In an interview with
French Europe1, their leader Marine Le Pen calls the takedown arbitrary, political, and unilateral.
Europe is about to vote on new copyright law next week. Next Wednesday or Thursday. So let's disregard here for a moment that this happened to a party normally described as far-right, and observe that if it can happen to one of France's biggest
parties regardless of their policies, then it can happen to anyone for political reasons 204 or any other reason.
The broadcast named TVLibert39s is gone, described by YouTube as YouTube has blocked the broadcast of the newscast of Thursday, June 14 for copyright infringement.
Marine Le Pen was quoted as saying, This measure is completely false; we can easily assert a right of quotation [to illustrate why the material was well within the law to broadcast].
She's right. Automated upload filters do not take into account when you have a legal right to broadcast copyrighted material for one of the myriad of valid reasons. They will just assume that this such reasons never exist; if nothing else, to make
sure that the hosting platform steers clear of any liability. Political messages will be disappeared on mere allegations by a political opponent, just as might have happened here.
And yet, the Rassemblemant National is going to vote in favor of exactly this mandatory upload filtering. The horror they just described on national TV as arbitrary, political, and unilateral.
It's hard to illustrate clearer that Europe's politicians have absolutely no idea about the monster they're voting on next week.
The decisions to come will be unilateral, political, and arbitrary. Freedom of speech will be unilateral, political, and arbitrary. Just as Marine Le Pen says. Just as YouTube's Content ID filtering is today, as has just been illustrated.
The article mandating this unilateral, political, and arbitrary censorship is called Article 13 of the upcoming European Copyright bill, and it must be removed entirely. There is no fixing of automated censorship machines.
Privacy remains your own responsibility. So do your freedoms of speech, information, and expression.
Award winning rappers Farid Bang and Kollegah will not face prosecution over lyrics that referenced Auschwitz and the Holocaust .
A few people were offended when Kollegah and Farid Bang compared their bodies with those of Auschwitz prisoners, and also by a suggestion that they were doing another Holocaust.
However, prosecutors have said their artistic freedom was guaranteed by the constitution, and while the rap lyrics were deemed offensive, they did not amount to Holocaust denial or incitement of violence.
Dusseldorf prosecutor's office spokesman Ralf Herrenbruck told German media that while the words may have been vulgar, misogynistic and homophobic, it would not be possible to bring charges, saying it was neither an endorsement nor a
trivialisation of the Nazi regime and its genocide. A statement explained:
The comparison of a concentration camp inmate with their own body may be tasteless, but it does not represent denial of the Holocaust.
The two 'offending' lines from their latest album J BG3 (Young, brutal, good looking 3).
One track includes the words: My body is more defined than those of Auschwitz inmates.
Another has the lyric: I'm doing another Holocaust, coming with the Molotov.
David Kaye, the UN's Special Rapporteur on freedom of expression has now chimed in with a very thorough report, highlighting how Article 13 of the
Directive -- the part about mandatory copyright filters -- would be a disaster for free speech and would violate the UN's Declaration on Human Rights, and in particular Article 19 which says:
Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.
As Kaye's report notes, the upload filters of Article 13 of the Copyright Directive would almost certainly violate this principle.
Article 13 of the proposed Directive appears likely to incentivize content-sharing providers to restrict at the point of upload user-generated content that is perfectly legitimate and lawful. Although the latest proposed versions of Article 13 do
not explicitly refer to upload filters and other content recognition technologies, it couches the obligation to prevent the availability of copyright protected works in vague terms, such as demonstrating best efforts and taking effective and
proportionate measures. Article 13(5) indicates that the assessment of effectiveness and proportionality will take into account factors such as the volume and type of works and the cost and availability of measures, but these still leave
considerable leeway for interpretation.
The significant legal uncertainty such language creates does not only raise concern that it is inconsistent with the Article 19(3) requirement that restrictions on freedom of expression should be provided by law. Such uncertainty would also raise
pressure on content sharing providers to err on the side of caution and implement intrusive content recognition technologies that monitor and filter user-generated content at the point of upload. I am concerned that the restriction of
user-generated content before its publication subjects users to restrictions on freedom of expression without prior judicial review of the legality, necessity and proportionality of such restrictions. Exacerbating these concerns is the reality
that content filtering technologies are not equipped to perform context-sensitive interpretations of the valid scope of limitations and exceptions to copyright, such as fair comment or reporting, teaching, criticism, satire and parody.
Kaye further notes that copyright is not the kind of thing that an algorithm can readily determine, and the fact-specific and context-specific nature of copyright requires much more than just throwing algorithms at the problem -- especially when a
website may face legal liability for getting it wrong.
The designation of such mechanisms as the main avenue to address users' complaints effectively delegates content blocking decisions under copyright law to extrajudicial mechanisms, potentially in violation of minimum due process guarantees under
international human rights law. The blocking of content -- particularly in the context of fair use and other fact-sensitive exceptions to copyright -- may raise complex legal questions that require adjudication by an independent and impartial
judicial authority. Even in exceptional circumstances where expedited action is required, notice-and-notice regimes and expedited judicial process are available as less invasive means for protecting the aims of copyright law.
In the event that content blocking decisions are deemed invalid and reversed, the complaint and redress mechanism established by private entities effectively assumes the role of providing access to remedies for violations of human rights law. I
am concerned that such delegation would violate the State's obligation to provide access to an effective remedy for violations of rights specified under the Covenant. Given that most of the content sharing providers covered under Article 13 are
profit-motivated and act primarily in the interests of their shareholders, they lack the qualities of independence and impartiality required to adjudicate and administer remedies for human rights violations. Since they also have no incentive to
designate the blocking as being on the basis of the proposed Directive or other relevant law, they may opt for the legally safer route of claiming that the upload was a terms of service violation -- this outcome may deprive users of even the
remedy envisioned under Article 13(7). Finally, I wish to emphasize that unblocking, the most common remedy available for invalid content restrictions, may often fail to address financial and other harms associated with the blocking of
He goes on to point that while large platforms may be able to deal with all of this, smaller ones are going to be in serious trouble:
I am concerned that the proposed Directive will impose undue restrictions on nonprofits and small private intermediaries. The definition of an online content sharing provider under Article 2(5) is based on ambiguous and highly subjective criteria
such as the volume of copyright protected works it handles, and it does not provide a clear exemption for nonprofits. Since nonprofits and small content sharing providers may not have the financial resources to establish licensing agreements with
media companies and other right holders, they may be subject to onerous and legally ambiguous obligations to monitor and restrict the availability of copyright protected works on their platforms. Although Article 13(5)'s criteria for effective
and proportionate measures take into account the size of the provider concerned and the types of services it offers, it is unclear how these factors will be assessed, further compounding the legal uncertainty that nonprofits and small providers
face. It would also prevent a diversity of nonprofit and small content-sharing providers from potentially reaching a larger size, and result in strengthening the monopoly of the currently established providers, which could be an impediment to the
right to science and culture as framed in Article 15 of the ICESCR.
Kissing Candice is a 2017 Ireland / UK drama by Aoife McArdle.
Starring Ann Skelly, Ryan Lincoln and Conall Keating.
17 year old Candice longs to escape her seaside town and finds solace in her imagination. When her disillusionment calcifies into an obsession with a troubled stranger, she becomes entangled with a dangerous local gang.
THE Irish Film Classification Office (IFCO) has upheld an 18 rating for an Irish film by a debut director Aoife McArdle despite the film being given a 15 rating in the UK.
Kissing Candice is a youth oriented film about a young girl in a border town who first dreams of and then meets a young boy who's connected to a gang that is terrorising her town.
The film premiered at the Toronto International Film Festival and has been shown at other youth-orientated festivals.
Wildcard Distribution is the Irish distributor for the film and its managing director Patrick O'Neill has said that the company was surprised when it was given an 18 cert:
We just thought the rating was a little harsh for the film, we just thought something along the lines of a 15A or a 16 would have been more in keeping with the content of the film.
IFCO's 18 rating has the consumer advice: contains scenes of strong drugs abuse, strong violence and language and strong sex references.
The UK's BBFC was less severe in its rating of the film, giving it an uncut 15 rating for very strong language, strong threat, drug misuse.
Kissing Candice is released in Irish cinemas on 22 June
As Europe's latest copyright proposal
heads to a critical vote
on June 20-21, more than 70 Internet and computing luminaries have spoken out against a dangerous provision, Article 13, that would require Internet platforms to automatically filter uploaded content. The group, which includes Internet pioneer
Vint Cerf, the inventor of the World Wide Web Tim Berners-Lee, Wikipedia co-founder Jimmy Wales, co-founder of the Mozilla Project Mitchell Baker, Internet Archive founder Brewster Kahle, cryptography expert Bruce Schneier, and net neutrality
expert Tim Wu , wrote in a joint letter that was released today
By requiring Internet platforms to perform automatic filtering all of the content that their users upload, Article 13 takes an unprecedented step towards the transformation of the Internet, from an open platform for sharing and innovation, into a
tool for the automated surveillance and control of its users.
The prospects for the elimination of Article 13 have continued to worsen. Until late last month, there was the hope that that Member States (represented by the Council of the European Union) would find a compromise. Instead, their final
negotiating mandate doubled down on it.
The last hope for defeating the proposal now lies with the European Parliament. On June 20-21 the Legal Affairs (JURI) Committee will vote on the proposal. If it votes against upload filtering, the fight can continue in the Parliament's subsequent
negotiations with the Council and the European Commission. If not, then automatic filtering of all uploaded content may become a mandatory requirement for all user content platforms that serve European users. Although this will pose little
impediment to the largest platforms such as YouTube, which already uses its Content ID
system to filter content, the law will create an expensive barrier to entry for smaller platforms and startups, which may choose to establish or move their operations overseas in order to avoid the European law.
For those platforms that do establish upload filtering, users will find that their contributions--including video, audio, text, and even source code
--will be monitored and potentially blocked if the automated system detects what it believes to be a copyright infringement. Inevitably, mistakes will happen
. There is no way for an automated system to reliably determine when the use of a copyright work falls within a copyright limitation or exception under European law, such as quotation or parody.
Moreover, because these exceptions are not consistent across Europe, and because there is no broad fair use right as in the United States, many harmless uses of copyright works in memes, mashups, and remixes probably are technically
infringing even if no reasonable copyright owner would object. If an automated system monitors and filters out these technical infringements, then the permissible scope of freedom of expression in Europe will be radically curtailed, even without
the need for any substantive changes in copyright law.
The upload filtering proposal stems from a misunderstanding about the purpose of copyright
. Copyright isn't designed to compensate creators for each and every use of their works. It is meant to incentivize creators as part of an effort to promote the public interest in innovation and expression. But that public interest isn't served
unless there are limitations on copyright that allow new generations to build and comment on the previous contributions . Those limitations are both legal, like fair dealing, and practical, like the zone of tolerance for harmless uses. Automated
upload filtering will undermine both.
The authors of today's letter write:
We support the consideration of measures that would improve the ability for creators to receive fair remuneration for the use of their works online. But we cannot support Article 13, which would mandate Internet platforms to embed an automated
infrastructure for monitoring and censorship deep into their networks. For the sake of the Internet's future, we urge you to vote for the deletion of this proposal.
What began as a bad idea offered up to copyright lobbyists as a solution to an imaginary " value gap
" has now become an outright crisis for future of the Internet as we know it. Indeed, if those who created and sustain the operation of the Internet recognize the scale of this threat, we should all be sitting up and taking notice.
If you live in Europe or have European friends or family, now could be your last opportunity to avert the upload filter. Please take action by clicking the button below, which will take you to a campaign website where you can phone, email, or
Tweet at your representatives, urging them to stop this threat to the global Internet before it's too late.
The pending update to the EU Copyright Directive is coming up for a committee vote on June 20 or 21 and a parliamentary vote
either in early July or late September. While the directive fixes some longstanding problems with EU rules, it creates much, much larger ones: problems so big that they threaten to wreck the Internet itself.
Under Article 13 of the proposal
, sites that allow users to post text, sounds, code, still or moving images, or other copyrighted works for public consumption will have to filter all their users' submissions against a database of copyrighted works. Sites will have to pay to
license the technology to match submissions to the database, and to identify near matches as well as exact ones. Sites will be required to have a process to allow rightsholders to update this list with more copyrighted works.
Even under the best of circumstances, this presents huge problems. Algorithms that do content-matching are frankly terrible at it. The Made-in-the-USA version of this is YouTube's Content ID system, which improperly flags legitimate works all the
time, but still gets flack from entertainment companies for not doing more.
There are lots of legitimate reasons for Internet users to upload copyrighted works. You might upload a clip from a nightclub (or a protest, or a technical presentation) that includes some copyrighted music in the background. Or you might just be
wearing a t-shirt with your favorite album cover in your Tinder profile. You might upload the cover of a book you're selling on an online auction site, or you might want to post a photo of your sitting room in the rental listing for your flat,
including the posters on the wall and the picture on the TV.
Wikipedians have even more specialised reasons to upload material: pictures of celebrities, photos taken at newsworthy events, and so on.
But the bots that Article 13 mandates will not be perfect. In fact, by design, they will be wildly imperfect.
Article 13 punishes any site that fails to block copyright infringement, but it won't punish people who abuse the system. There are no penalties for falsely claiming copyright over someone else's work, which means that someone could upload all of
Wikipedia to a filter system (for instance, one of the many sites that incorporate Wikpedia's content into their own databases) and then claim ownership over it on Twitter, Facebook and Wordpress, and everyone else would be prevented from quoting
Wikipedia on any of those services until they sorted out the false claims. It will be a lot easier to make these false claims that it will be to figure out which of the hundreds of millions of copyrighted claims are real and which ones are
pranks or hoaxes or censorship attempts.
Article 13 also leaves you out in the cold when your own work is censored thanks to a malfunctioning copyright bot. Your only option when you get censored is to raise an objection with the platform and hope they see it your way--but if they fail
to give real consideration to your petition, you have to go to court to plead your case.
Article 13 gets Wikipedia coming and going: not only does it create opportunities for unscrupulous or incompetent people to block the sharing of Wikipedia's content beyond its bounds, it could also require Wikipedia to filter submissions to the
encyclopedia and its surrounding projects, like Wikimedia Commons. The drafters of Article 13 have tried to carve
Wikipedia out of the rule
, but thanks to sloppy drafting, they have failed: the exemption is limited to "noncommercial activity". Every file on Wikipedia is licensed for commercial use.
Then there's the websites that Wikipedia relies on as references. The fragility and impermanence of links is already a serious problem for Wikipedia's crucial footnotes, but after Article 13 becomes law, any information hosted in the EU might
disappear--and links to US mirrors might become infringing--at any moment thanks to an overzealous copyright bot. For these reasons and many more,
the Wikimedia Foundation
has taken a public position condemning Article 13.
Speaking of references: the problems with the new copyright proposal don't stop there. Under Article 11, each member state will get to create a new copyright in news. If it passes, in order to link to a news website, you will either have to do so
in a way that satisfies the limitations and exceptions of all 28 laws, or you will have to get a license. This is fundamentally incompatible with any sort of wiki (obviously), much less Wikipedia.
It also means that the websites that Wikipedia relies on for its reference links may face licensing hurdles that would limit their ability to cite their own sources. In particular, news sites may seek to withhold linking licenses from critics who
want to quote from them in order to analyze, correct and critique their articles, making it much harder for anyone else to figure out where the positions are in debates, especially years after the fact. This may not matter to people who only pay
attention to news in the moment, but it's a blow to projects that seek to present and preserve long-term records of noteworthy controversies. And since every member state will get to make its own rules for quotation and linking, Wikipedia posts
will have to satisfy a patchwork of contradictory rules, some of which are already so severe that they'd ban any items in a "Further Reading" list unless the article directly referenced or criticized them.
The controversial measures in the new directive have been tried before. For example, link taxes were tried in Spain and Germany and
, and publishers don't want them
. Indeed, the only country to embrace this idea as workable is China
, where mandatory copyright enforcement bots have become part of the national toolkit for controlling public discourse.
Articles 13 and 11 are poorly thought through, poorly drafted, unworkable--and dangerous. The collateral damage they will impose on every realm of public life can't be overstated. The Internet, after all, is inextricably bound up in the daily
lives of hundreds of millions of Europeans and an entire constellation of sites and services
will be adversely affected by Article 13. Europe can't afford to place education, employment, family life, creativity, entertainment, business, protest, politics, and a thousand other activities at the mercy of unaccountable algorithmic filters.
If you're a European concerned about these proposals, here's a tool for contacting your MEP
Is there an internet equivalent of a Freudian slip? Well if so, Google obliged with this listing on its Google
Perhaps Google should have pointed out that such a ban false information will also usefully silence all politicians from all parties in the run up to elections.
Politicians in France have proposed introducing a new law to fight fake news in the run up to an election next year. The draft law, designed to stop what the government calls manipulation of information in the run-up to elections, will be debated
in parliament Thursday with a view to it being put into action during next year's European parliamentary polls.
The idea for the bill came straight from President Emmanuel Macron , who was himself targeted during his 2017 campaign by online rumours that he was gay and had a secret bank account in the Bahamas.
Under the law, French authorities would be able to immediately halt the publication of information deemed to be false ahead of elections. Social networks would have to introduce measures allowing users to flag up false reports, pass their data on
such articles to authorities, and make public their efforts against fake news. And the law would authorise the state to take foreign broadcasters off the air if they were attempting to destabilise France - a measure seemingly aimed at Russian
state-backed outlet RT in particular.
The government claims measures will be built into the law to protect freedom of speech, with only reports that are manifestly false and that have gone viral - notably with the help of bots - taken down.
Update: French MPs criticise 'fake news' censorship law
The French government was accused by right and leftwing opponents of trying to create a form of thought police
and institute censorship, as parliament began debating Emmanuel Macron's proposed law to ban 'fake news' on the internet during election campaigns.
The draft law would allow political parties to complain about widely spread assertions deemed to be false or implausible and a French judge could immediately move to stop their publication.
President Macron has personally backed the censorship law after he complained his presidential campaign was targeted by online fake news rumours, including that he was gay and that he had a secret bank account in the Bahamas. He has claimed a law
was needed against the spread of 'fake news' in order to protect democracy.
The government wants the law to come into force before next spring's European parliament elections . It is likely to pass because Macron has a parliamentary majority.
The EU's plans to modernize copyright law in Europe are moving ahead. With a crucial vote coming up later this month, protests
from various opponents are on the rise as well. They warn that the proposed plans will result in Internet filters which threaten people's ability to freely share content online. According to Pirate Party MEP Julia Reda, these filters will hurt
regular Internet users, but also creators and businesses.
September 2016, the European Commission published its proposal for a modernized copyright law. Among other things, it proposed measures to require online services to do more to fight piracy.
Specifically, Article 13 of the proposed Copyright Directive will require online services to track down and delete pirated content, in collaboration with rightsholders.
The Commission stressed that the changes are needed to support copyright holders. However, many legal scholars , digital activists , politicians , and members of the public worry that they will violate the rights of regular Internet users.
Last month the EU Council finalized the latest version of the proposal. This means that the matter now goes to the Legal Affairs Committee of the Parliament (JURI), which must decide how to move ahead. This vote is expected to take place in two
Although the term filter is commonly used to describe Article 13, it is not directly mentioned in the text itself .
According to Pirate Party Member of Parliament (MEP) Julia Reda , the filter keyword is avoided in the proposal to prevent a possible violation of EU law and the Charter of Fundamental Rights. However, the outcome is essentially the same.
In short, the relevant text states that online services are liable for any uploaded content unless they take effective and proportionate action to prevent copyright infringements, identified by copyright holders. That also includes preventing
these files from being reuploaded.
The latter implies some form of hash filtering and continuous monitoring of all user uploads. Several companies, including Google Drive, Dropbox, and YouTube already have these types of filters, but many others don't.
A main point of critique is that the automated upload checks will lead to overblocking, as they are often ill-equipped to deal with issues such as fair use.
The proposal would require platforms to filter all uploads by their users for potential copyright infringements -- not just YouTube and Facebook, but also services like WordPress, TripAdvisor, or even Tinder. We know from experience that these
algorithmic filters regularly make mistakes and lead to the mass deletion of legal uploads, Julia Reda tells TF.
Especially small independent creators frequently see their content taken down because others wrongfully claim copyright on their works. There are no safeguards in the proposal against such cases of copyfraud.
Besides affecting uploads of regular Internet users and smaller creators, many businesses will also be hit. They will have to make sure that they can detect and prevent infringing material from being shared on their systems.
This will give larger American Internet giants, who already have these filters in place, a competitive edge over smaller players and new startups, the Pirate Party MEP argues.
It will make those Internet giants even stronger, because they will be the only ones able to develop and sell the filtering technologies necessary to comply with the law. A true lose-lose situation for European Internet users, authors and
businesses, Reda tells us.
Based on the considerable protests in recent days, the current proposal is still seen as a clear threat by many.
In fact, the save youri nternet
campaign, backed by prominent organizations such as Creative Commons, EFF, and Open Media, is ramping up again. They urge the European public to reach out to their Members of Parliament before it's too late.
Should Article 13 of the Copyright Directive proposal be adopted, it will impose widespread censorship of all the content you share online. The European Parliament is the only one that can step in and Save your Internet, they write.
The full Article 13 text includes some language to limit its scope. The nature and size of online services must be taken into account, for example. This means that a small and legitimate niche service with a few dozen users might not be directly
liable if it operates without these anti-piracy measures.
Similarly, non-profit organizations will not be required to comply with the proposed legislation, although there are calls from some member states to change this.
In addition to Article 13, there is also considerable pushback from the public against Article 11, which is regularly referred to as the link tax .
At the moment, several organizations are planning a protest day next week, hoping to mobilize the public to speak out. A week later, following the JURI vote, it will be judgment day.
If they pass the Committee the plans will progress towards the final vote on copyright reform next Spring. This also means that they'll become much harder to stop or change. That has been done before, such as with ACTA, but achieving that type of
momentum will be a tough challenge.
...In common with the internet, this lightning take-up of VHS bypassed barriers built to meet the threat outlined by the
Council of Irish Bishops in 1927. They warned:
The Evil One is ever setting his snares for unwary feet. At this moment his traps are chiefly the dance hall, the bad book, the indecent paper, the motion picture, the immodest fashion in female dress - all of which tend to destroy the virtuous
characteristics of our race.
The Free State quickly appointed its first film censor, James Montgomery, who worked tirelessly to turn back the tide of foreign filth. Montgomery proudly boasted:
I know nothing about films but I do know the Ten Commandments.
And so it remained into modern times, with the Nanny State taking a firm hand in protecting the Irish people from themselves. While Dustin Hoffman and Anne Bancroft were being nominated for Oscars for The Graduate in 1968, Irish cinema audiences
were watching a version in which the seduction scene between the two - the pivotal point on which the whole movie hinges - was ripped out to protect public morals.
The European Court of Human Rights has overturned the Maltese courts' decision to ban the play Stitching, eight years after the controversial judgment had incensed the local artistic scene.
The ECHR awarded €10,000 as legal costs as well as €10,000 in moral damages jointly to Unifaun Theatre Productions Limited, as well as director Chris Gatt and actors Pia Zammit and Mike Basmadjian. The court's decision was unanimous, including
Maltese judge Vincent de Gaetano.
Unifaun's production had been banned in 2010 by the Maltese court, a decision confirmed by the Constitutional Court of Appeal, after it was flagged by the now defunct Film and Stage Classification Board.
The Maltese court had ruled in 2010 that it was unacceptable in a democratic society founded on the rule of law for any person to be allowed to swear in public, even in a theatre as part of a script. He pointed out that the country's values could
not be turned upside down in the name of freedom of expression.
The censorship of Stitching had a knock on effect to media censorship in Malta. The government had in 2012 changed the censorship laws , effectively stopping the possibility of theatrical productions being banned and lightening up on film
censorship bringing it more in line with other European countries.
Before a movie is released in German theaters, the Freiwillige Selbstkontrolle Fernsehen ( FSK) decides on an
age rating so as to protect children from 'harmful influences'.
The FSK is based on voluntary self censorship to buffer the local film industry from controversy and state censorship. The organisation is based in the German Film House in Wiesbaden. Around 280 volunteers review thousands of films every year and
decide which age groups to show - from age 6, age 12, age 16 or 18.
FSK's 280 volunteers have no connection to the film industry. They pursue different professions, but have experience in dealing with children and adolescents, and know their stages of development. FSK spokesman Stefan Linz told DW:
Five days a week, we carry out investigations in various committees.
The basis for the work of the FSK is the German Youth Protection Act, which provides for different age ratings for media. The color white means that there are no restrictions for a movie. For the age group of six to twelve years is yellow. Green
requires parenting for ages of six or twelve. From the age of 16, the category is blue, while red indicates that a movie is not considered suitable for young people under the age of 18.
The law also defines the rules of assessment of media. For example, a film may not be shown to children of a certain age group if the examiners believe that it could affect their development as self-responsible and socially competent people. Linz
Of course this is totally abstract to the assessment of content that could potentially be problematic. But not only can we say that about us, but about all forms of protection of minors around the world, especially the portrayal of violence,
sexuality, the use of drugs, alcohol and nicotine, bad role models and antisocial behavior or threats to others.
The origin of the FSK dates back to the postwar period. At that time, the Allies strove to denazify all social and social aspects in Germany, and to build the then West Germany as a democratic state with freedom of expression. Representatives of
the German film industry, who had come back from exile, together with American occupation authorities in 1948 built a voluntary self-control system for the film industry after the model of the American system of that time.
From these initiatives finally the FSK was born, which gave its first film evaluation on 18 July 1949. The film Intimitäten by Paul Martin (1944) was not suitable for young people under 16 - and may not be shown on some religious holidays.
In the former GDR, all films were controlled by socialist authorities, until after the reunification of the new states joined the FSK.
German age guidelines differ those of the USA. For example the German film Toni Erdmann , which was produced in 2016 and became a worldwide hit and received an Oscar nomination, was rated R by the MPAA in the USA. This stipulates that young
people under the age of 17 are only allowed to watch the movie when accompanied by an adult. The rationale was: The film contains heavily sexualized content, graphic nudity, violent language and short scenes of drug abuse. In Germany, the FSK
judged the same film as suitable for adolescents from the age of 12, this restriction being justified by a somewhat strange, emotionless sex scene without intercourse. The aspects cited by MPAA , that is, language, drugs and nudity, played no role
for the FSK - despite a rather extensive naked party scene.
According to Stefan Linz, the differences between age ratings by the FSK and MPAA are explained by cultural attitudes. In particular, Germans and Americans have a completely different attitude to nudity. While there has long been a large naturist
scene in Germany, public nudity in the US is still considered scandalous.
The FSK does not classify nudity in itself as problematic, says Linz, referring to documentation on nudist communities that have been released for all ages. However, FSK is less generous when nudity in a movie has a sexual meaning or occurs in a
Linz is also of the opinion that attitudes to linguistic usage also differ in the German and English-speaking world. However, this aspect also points to differences in the approach of FSK and MPAA. In the eyes of the American institution, the
repeated use of sexual terms as a swear word justifies an age restriction.
By contrast, in the FSC, numerical ratios are irrelevant when assessing language. Instead, more emphasis is placed on the specific context. Who speaks like the swear word? When a couple of bad words fly back and forth between friends, for example
in hip-hop circles, that has a very different meaning than if the same nasty word is used in a discriminatory or even directly offensive manner, says Linz.
In 2002, the movie Harry Potter and the Chamber of Secrets caused a change in the rules. From then on, children between the ages of six and twelve were allowed to watch films for children from the age of 12 if accompanied by a parent.
It hasn't taken long for Germany's new internet censorship to be used against the trivial name calling of politicians.
A recent German law was intended to put a stop to hate speech, but its difficult and commercially expensive to bother considering every case on its merits, so its just easier and cheaper for internet companies to censor everything asked for.
So of course easily offended politician are quick to ask for trivial name calling insults to be taken down. But now there's a twist, for an easily offended politician, it is not enough for Facebook to block an insult in Germany, it must be blocked
Courthouse News Service reports that a German court has indulged a politician's hypocritical outrage to demand the disappearance of an insulting comment posted to Facebook.
Alice Weidel, co-leader of the Alternative for Germany (AfD) party, objected to a Facebook post calling her a dirty Nazi swine for her opposition to same-sex marriage. Facebook immediately complied, but Weidel's lawyers complained it hadn't been
vanished hard enough, pointing out that German VPN users could still access the comment.
Facebook's only comment, via Reuters, was to note it had already blocked the content in Germany , which is all the law really requires.
Of course once you allow mere insults to be censorable, you then hit the issue of fairness. Insults against some PC favoured groups are totally off limits and are considered to be a PC crime of the century, whilst insults against others (eg white
men) are positively encouraged.
Directive on copyright in the Digital Single Market destined
to become a nightmare
OPEN LETTER IN LIGHT OF THE 27 APRIL 2018 COREPER I MEETING
Your Excellency Ambassador, cc. Deputy Ambassador,
We, the undersigned, are writing to you ahead of your COREPER discussion on the proposed Directive on copyright in the Digital Single Market.
We are deeply concerned that the text proposed by the Bulgarian Presidency in no way reflects a balanced compromise, whether on substance or from the perspective of the many legitimate concerns that have been raised. Instead, it represents a major
threat to the freedoms of European citizens and businesses and promises to severely harm Europe's openness, competitiveness, innovation, science, research and education.
A broad spectrum of European stakeholders and experts, including academics, educators, NGOs representing human rights and media freedom, software developers and startups have repeatedly warned about the damage that the proposals would cause.
However, these have been largely dismissed in rushed discussions taking place without national experts being present. This rushed process is all the more surprising when the European Parliament has already announced it would require more time
(until June) to reach a position and is clearly adopting a more cautious approach.
If no further thought is put in the discussion, the result will be a huge gap between stated intentions and the damage that the text will actually achieve if the actual language on the table remains:
Article 13 (user uploads) creates a liability regime for a vast area of online platforms that negates the E-commerce Directive, against the stated will of many Member States, and without any proper assessment of its impact. It creates a new
notice and takedown regime that does not require a notice. It mandates the use of filtering technologies across the board.
Article 11 (press publisher's right) only contemplates creating publisher rights despite the many voices opposing it and highlighting it flaws, despite the opposition of many Member States and despite such Member States proposing several
alternatives including a "presumption of transfer".
Article 3 (text and data mining) cannot be limited in terms of scope of beneficiaries or purposes if the EU wants to be at the forefront of innovations such as artificial intelligence. It can also not become a voluntary provision if we want to
leverage the wealth of expertise of the EU's research community across borders.
Articles 4 to 9 must create an environment that enables educators, researchers, students and cultural heritage professionals to embrace the digital environment and be able to preserve, create and share knowledge and European culture. It must be
clearly stated that the proposed exceptions in these Articles cannot be overridden by contractual terms or technological protection measures.
The interaction of these various articles has not even been the subject of a single discussion. The filters of Article 13 will cover the snippets of Article 11 whilst the limitations of Article 3 will be amplified by the rights created through
Article 11, yet none of these aspects have even been assessed.
With so many legal uncertainties and collateral damages still present, this legislation is currently destined to become a nightmare when it will have to be transposed into national legislation and face the test of its legality in terms of the
Charter of Fundamental Rights and the Bern Convention.
We hence strongly encourage you to adopt a decision-making process that is evidence-based, focussed on producing copyright rules that are fit for purpose and on avoiding unintended, damaging side effects.
The over 145 signatories of this open letter -- European and global organisations, as well as national organisations from 28 EU Member States, represent human and digital rights, media freedom, publishers, journalists, libraries, scientific and
research institutions, educational institutions including universities, creator representatives, consumers, software developers, start-ups, technology businesses and Internet service providers.
EUROPE 1. Access Info Europe. 2. Allied for Startups. 3. Association of European Research Libraries (LIBER). 4. Civil Liberties Union for Europe (Liberties). 5. Copyright for Creativity (C4C). 6. Create
Refresh Campaign. 7. DIGITALEUROPE. 8. EDiMA. 9. European Bureau of Library, Information and Documentation Associations (EBLIDA). 10. European Digital Learning Network (DLEARN). 11. European Digital Rights (EDRi). 12.
European Internet Services Providers Association (EuroISPA). 13. European Network for Copyright in Support of Education and Science (ENCES). 14. European University Association (EUA). 15. Free Knowledge Advocacy Group EU 16.
Lifelong Learning Platform. 17. Public Libraries 2020 (PL2020). 18. Science Europe. 19. South East Europe Media Organisation (SEEMO). 20. SPARC Europe.
AUSTRIA 21. Freischreiber Österreich. 22. Internet Service Providers Austria (ISPA Austria).
BELGIUM 23. Net Users' Rights Protection Association (NURPA)
BULGARIA 24. BESCO -- Bulgarian Startup Association. 25. BlueLink Foundation. 26. Bulgarian Association of Independent Artists and Animators (BAICAA). 27. Bulgarian Helsinki Committee. 28. Bulgarian Library and
Information Association (BLIA). 29. Creative Commons Bulgaria. 30. DIBLA. 31. Digital Republic. 32. Hamalogika. 33. Init Lab. 34. ISOC Bulgaria. 35. LawsBG. 36. Obshtestvo.bg. 37. Open Project
Foundation. 38. PHOTO Forum. 39. Wikimedians of Bulgaria. C ROATIA 40. Code for Croatia
CYPRUS 41. Startup Cyprus
CZECH R EPUBLIC 42. Alliance pro otevrene vzdelavani (Alliance for Open Education)
43. Confederation of Industry of the Czech Republic. 44. Czech Fintech Association. 45. Ecumenical Academy. 46. EDUin.
DENMARK 47. Danish Association of Independent Internet Media (Prauda) E STONIA. 48. Wikimedia Eesti
FINLAND 49. Creative Commons Finland. 50. Open Knowledge Finland. 51. Wikimedia Suomi.
FRANCE 52. Abilian. 53. Alliance Libre. 54. April. 55. Aquinetic. 56. Conseil National du Logiciel Libre (CNLL). 57. France Digitale. 58. l'ASIC. 59. Ploss Auvergne-Rhône-Alpes (PLOSS-RA). 60.
Renaissance Numérique. 61. Syntec Numérique. 62. Tech in France. 63. Wikimédia France.
GERMANY 64. Arbeitsgemeinschaft der Medieneinrichtungen an Hochschulen e.V. (AMH). 65. Bundesverband Deutsche Startups. 66. Deutscher Bibliotheksverband e.V. (dbv). 67. eco -- Association of the Internet
Industry. 68. Factory Berlin. 69. Initiative gegen ein Leistungsschutzrecht (IGEL). 70. Jade Hochschule Wilhelmshaven/Oldenburg/Elsfleth. 71. Karlsruhe Institute of Technology (KIT). 72. Landesbibliothekszentrum
Rheinland-Pfalz. 73. Silicon Allee. 74. Staatsbibliothek Bamberg. 75. Ubermetrics Technologies. 76. Universitäts- und Landesbibliothek Sachsen-Anhalt (Martin-Luther-University Halle-Wittenberg). 77. University Library of
Kaiserslautern (Technische Universität Kaiserslautern). 78. Verein Deutscher Bibliothekarinnen und Bibliothekare e.V. (VDB). 79. ZB MED -- Information Centre for Life Sciences.
GREECE 80. Greek Free Open Source Software Society (GFOSS)
HUNGARY 81. Hungarian Civil Liberties Union. 82. ICT Association of Hungary -- IVSZ. 83. K-Monitor
IRELAND 84. Technology Ireland
ITALY 85. Hermes Center for Transparency and Digital Human Rights. 86. Istituto Italiano per la Privacy e la Valorizzazione dei Dati. 87. Italian Coalition for Civil Liberties and Rights (CILD). 88. National Online
Printing Association (ANSO).
LATVIA 89. Startin.LV (Latvian Startup Association). 90. Wikimedians of Latvia User Group.
LITHUANIA 91. Aresi Labs.
LUXEMBOURG. 92. Frënn vun der Ënn.
93. Commonwealth Centre for Connected Learning
NETHERLANDS 94. Dutch Association of Public Libraries (VOB) 95. Kennisland.
POLAND 96. Centrum Cyfrowe. 97. Coalition for Open Education (KOED). 98. Creative Commons Polska. 99. Elektroniczna BIBlioteka (EBIB Association). 100. ePan@stwo Foundation. 101. Fundacja Szkola z Klasa@
(School with Class Foundation). 102. Modern Poland Foundation. 103. Os@rodek Edukacji Informatycznej i Zastosowan@ Komputerów w Warszawie (OEIiZK). 104. Panoptykon Foundation. 105. Startup Poland. 106. ZIPSEE.
PORTUGAL 107. Associação D3 -- Defesa dos Direitos Digitais (D3). 108. Associação Ensino Livre. 109. Associação Nacional para o Software Livre (ANSOL). 110. Associação para a Promoção e Desenvolvimento da Sociedade da
ROMANIA 111. ActiveWatch. 112. APADOR-CH (Romanian Helsinki Committee). 113. Association for Technology and Internet (ApTI) 114. Association of Producers and Dealers of IT&C equipment (APDETIC). 115. Center for Public
Innovation. 116. Digital Citizens Romania. 117. Kosson.ro Initiative. 118. Mediawise Society. 119. National Association of Public Librarians and Libraries in Romania (ANBPR).
SLOVENIA 122. Digitas Institute. 123. Forum za digitalno dru@bo (Digital Society Forum).
SPAIN 124. Asociación de Internautas. 125. Asociación Española de Startups (Spanish Startup Association)
126. MaadiX. 127. Sugus. 128. Xnet.
SWEDEN 129. Wikimedia Sverige
UK 130. Libraries and Archives Copyright Alliance (LACA). 131. Open Rights Group (ORG). 132. techUK.
GLOBAL 133. ARTICLE 19. 134. Association for Progressive Communications (APC). 135. Center for Democracy & Technology (CDT). 136. COMMUNIA Association. 137. Computer and Communications Industry Association
(CCIA). 138. Copy-Me. 139. Creative Commons. 140. Electronic Frontier Foundation (EFF). 141. Electronic Information for Libraries (EIFL). 142. Index on Censorship. 143. International Partnership for Human Rights
(IPHR). 144. Media and Learning Association (MEDEA). 145. Open Knowledge International (OKI). 146. OpenMedia. 147. Software Heritage
Belgium has declared the loot box systems in FIFA 18, Overwatch , and Counter-Strike: Global Offensive illegal under Belgium gambling laws.
Belgium's Minister of Justice, Koen Greens stated that the offending content must be removed from the games. Failure to do so could result in fines of up to 800,000 euros and imprisonment.
To determine whether the loot box systems were illegal the Belgium Gaming Commision looked at two factors -- whether a purchase could lead to a profit or loss and whether or not the results of the "bet" were based on skill or merely
luck. It was decided that FIFA 18, Overwatch and CS:GO all had elements of chance in their MT systems and as such fall under the gambling laws of the country.
Belgium has not set a deadline for the removal of the loot boxes but is rather looking to open a discussion with game makers regarding the issue.
Brussels may threaten social media companies with censorship laws unless they move urgently to tackle supposed 'fake
news' and Cambridge Analytica-style data abuse.
The EU security commissioner, Julian King, said short-term, concrete plans needed to be in place before the elections, when voters in 27 EU member states will elect MEPs.
Under King's ideas, social media companies would sign a voluntary code of conduct to prevent the misuse of platforms to pump out misleading information.
The code would include a pledge for greater transparency, so users would be made aware why their Facebook or Twitter feed was presenting them with certain adverts or stories. Another proposal is for political adverts to be accompanied with
information about who paid for them.
The European Commission has outlined new requirements for telecoms companies, clouds, email service providers, and
operators of messaging apps, to produce snooping data on a specified individual within six hours of a rquest.
The proposed European Production Order will allow a judicial authority in one Member State to request electronic evidence (such as emails, text or messages in apps) directly from internet companies with an office in any Member State. The data may
be nominally held overseas but will still have to be produced.
That super-short deadline will only be imposed in the case of an emergency. Less urgent investigations have been offered a ten-day deadline.
A European Preservation Order will also be issued to stop service providers deleting data.
The Production Orders will be applicable only to crimes punishable with a maximum sentence of at least three years, but governments have been artificially increasing maximum sentences for quite a while now to ensure that relatively minor crimes
can be classed as 'serious'.
The EU Commission has cited terrorism as the justifications for the new requirements, but a 3 year maximum sentence rather suggests that the these orders will be used for more widely than just for terrorism prevention.
A Berlin court has issued an injunction ordering Facebook not to block a user and not to delete a comment
The order appears to be the first such court intervention against censorship in Germany.
Last year a new law called the Network Enforcement Act (NetzDG) came into effect that effectively frces Facebook to over censor just in case it gets hit by ludicrously large fines. And it was an example of this over reaction by Facebook that is
being challenged in court
The comment in question was placed by Gabor B under a Basler Zeitung article that referenced anti-immigrant statements by Viktor Orban, the Hungarian prime minister. The Germans are becoming ever more stupid, Gabor B's comment, posted in January,
read. No wonder, since they are every day littered with fake news from the left-wing Systemmedien about 'skilled workers', declining unemployment rates or Trump.
When Facebook removed his comment and hit him with a 30-day account suspension, Gabor B retained conservative Hamburg lawyer Joachim Steinhöfel who is well known for taking on free-expression cases and is running something of a crusade against
what he sees as Facebook's overenthusiastic application of the NetzDG.
The EU is mooting a new copyright regime for the largest market in the world, and the Commissioners
who are drafting the new rules are completely captured by the entertainment industry, to the extent that they have ignored their own experts and produced a farcical Big Content wishlist that includes the most extensive internet censorship regime
the world has ever seen, perpetual monopolies for the biggest players, and a ban on European creators using Creative Commons licenses to share their works.
Since these filter systems are incredibly expensive to create and operate, anyone who wants to get into business competing with the companies that grew large without having to create systems like these will have to source hundreds of millions in
capital before they can even enter the market. Youtube 2018 can easily afford Content ID; Youtube 2005 would have been bankrupted if they'd had to build it.
And then there's the matter of banning Creative Commons licenses.
In order to bail out the largest newspapers in the EU, the Commission is proposing a Link Tax -- a fee that search engines and sites like Boing Boing will have to pay just for the right to link to news stories on the web. This idea has been tried
before in Spain and Germany and the newspapers who'd called for it quickly admitted it wasn't working and stopped using it.
But the new, worse-than-ever Link Tax contains a new wrinkle: rightsholders will not be able to waive the right to be compensated under the Link Tax. That means that European creators -- who've released hundreds of millions of works under Creative
Commons licenses that allow for free sharing without fee or permission -- will no longer be able to choose the terms of a Creative Commons license; the inalienable, unwaivable right to collect rent any time someone links to your creations will
invalidate the core clause in these licenses.
Europeans can write to their MEPs and the European Commission using this joint Action Centre
; please act before it's too late.
The European Copyright Directive was enacted in 2001 and is now woefully out of date. Thanks in large part to the work of Pirate Party MEP Julia Reda, many good ideas for updating European copyright law were put forward in a report of the
European Parliament in July 2015. The European Commission threw out most of these ideas, and instead released a legislative proposal in October 2016 that focused on giving new powers to publishers. That proposal was referred to several of the
committees of the European Parliament, with the Parliament's Legal Affairs (JURI) Committee taking the lead.
As the final text must also be accepted by the Council of the European Union (which can be considered as the second part of the EU's bicameral legislature), the Council Presidency has recently been weighing in with its own "compromise"
proposals (although this is something of a misnomer, as they do little to improve the Commission's original text, and in some respects make it worse). Not to be outdone, German MEP (Member of the European Parliament) Axel Voss last month
introduced a new set of his own proposals [PDF] for "compromise," which are somehow worse still. Since Voss leads the JURI committee, this is a big problem.
A loss of trust in Facebook in the light of the Cambridge Analytica scandal could prompt the EU to
scrap its voluntary code of conduct on the removal of online hate speech in favour of legislation and heavy sanctions, European commission Vera Jourová said.
The EU's executive is examining how to have hateful content censored swiftly by social media platforms, with legislation being one option that could replace the current system.
JJourová said she would be grilling Sheryl Sandberg , Facebook's chief operating officer, later this week over unanswered questions about the company's past errors and future plans.
Jourove said she was wary of following the German path, because of the thin line between removing offensive material and censorship, but said all options were on the table.
The European Commission proposes designating internet censors, which it euphemistically calls 'trusted flaggers', and then requiring internet hosting companies to censor whatever the 'trusted flaggers' say
The EU Commission has recommended an internet censorship decision sounding like something straight out of China. The
system consists of designating police, state censors, commercial censors acting for the state, and perhaps independent groups like the IWF. These are euphemistically known as trusted flaggers.
Website and content hosting companies will then be required to remove any content (nominally illegal content) in a timely manner.
The IWF usefully summarises the proposals as follows:
The EU Commission's proposals to tackle illegal content online include:
Hosting providers and Member States being prepared to submit all monitoring information to the Commission, upon request, within six months (three months for terrorist content) in order for the Commission to assess whether
further legislation is required.
Recommends introducing definitions for "illegal content" and "trusted flaggers".
Fast track procedures should be introduced for materials referred by trusted flaggers.
Hosting providers to publish a list of who they consider to be a "trusted flagger".
Automated takedown of content is encouraged, but should have safeguards such as human oversight.
Terrorist content should be removed within one hour.
Over the last few years the European Union has been working on revising its rules on copyright . But the latest
proposal from the head of the copyright committee would deny creators the right to refuse remuneration -- the right to share a work without getting paid -- which could undermine the use of CC licenses if approved.
Ever since the European Commission released a lackluster draft Directive on copyright in 2016, Creative Commons, Communia Association , and dozens of other organisations have been engaging policymakers in the Parliament to make crucial changes in
order to protect user rights and the commons, enable research and education, and promote creativity and business opportunities in the digital market.
But as evidenced by the latest proposal, the direction of the copyright reform seems to be getting worse, not better. This week Axel Voss, the lead member of the European parliament (MEP) for the influential legal affairs committee, released his
own proposed changes to an especially controversial part of the draft Directive, Article 11. This is the provision that would introduce an additional right for press publishers to extract fees from news aggregators for incorporating short snippets
of--or even linking to--their content.
This press publisher's right (also commonly known as the "Link Tax") already poses a significant threat to an informed and literate society. But Voss wants to amplify its worst features by asserting that press publishers will
receive--whether they like it or not--an "inalienable right to obtain an [sic] fair and proportionate remuneration for such uses." This means that publishers will be required to demand payment from news aggregators.
This inalienable right directly conflicts with publishers who wish to share freely and openly using Creative Commons licenses. As we've warned before , an unwaivable right to compensation would interfere with the operation of open licensing by
reserving a special and separate economic right above and beyond the intention of some publishers. For example, the Spanish news site eldiario.es releases all of their content online for free under the Creative Commons Attribution-ShareAlike
license . By doing so, they are granting to the public a worldwide, royalty-free license to use the work under certain terms. Other news publishers in Europe using CC licenses that could also find themselves swept up under this new provision
include La Stampa , 20 Minutos , and openDemocracy .
Forcing publishers who use CC to accept additional inalienable rights to be remunerated violates the letter and spirit of Creative Commons licensing and denies publishers the freedom to conduct business and share content as they wish. The proposal
would pose an existential threat to the over 1.3 billion CC-licensed works online, shared freely by hundreds of millions of creators from around the world.
We support authors and creators, and we firmly believe in their right to choose to share, or to seek compensation for all or some uses of their works. At the same time, we must find solutions that also honor those au thors who choose to share with
few or no restrictions.
Voss' proposal must be rejected, and Article 11 should be deleted . It's been clear all along that an additional right for press publishers won't do much of anything to support quality journalism or grow the digital single market. Instead, it will
negatively affect access to information and the ability for publishers to share using the platforms, technologies, and terms beneficial to them.