Index on Censorship shares the widespread concerns about the proposed EU regulation on preventing the dissemination of terrorist content online. The regulation would endanger freedom of expression and would create huge practical challenges for
companies and member states. Jodie Ginsberg, CEO of Index, said We urge members of the European Parliament and representatives of EU member states to consider if the regulation is needed at all. It risks creating far more problems than it solves.
At a minimum the regulation should be completely revised.
Following the recent agreement by the European Council on a draft position for the proposed regulation on preventing the dissemination of terrorist content online, which adopted the initial draft presented by the European Commission with some
changes, the Global Network Initiative (GNI) is concerned about the potential unintended effects of the proposal and would therefore like to put forward a number of issues we urge the European Parliament to address as it considers it further.
GNI members recognize and appreciate the European Union (EU) and member states' legitimate roles in providing security, and share the aim of tackling the dissemination of terrorist content online. However, we believe that, as drafted, this
proposal could unintentionally undermine that shared objective by putting too much emphasis on technical measures to remove content, while simultaneously making it more difficult to challenge terrorist rhetoric with counter-narratives. In
addition, the regulation as drafted may place significant pressure on a range of information and communications technology (ICT) companies to monitor users' activities and remove content in ways that pose risks for users' freedom of expression
and privacy. We respectfully ask that EU officials, Parliamentarians, and member states take the time necessary to understand these and other significant risks that have been identified, by consulting openly and in good faith with affected
companies, civil society, and other experts.
The Internet is Facing a Catastrophe For Free Expression and Competition But You Could Still Tip The Balance. By Cory Doctorow
The new EU Copyright Directive is progressing at an alarming rate. This week, the EU is asking its member-states to approve new negotiating positions for the final language. Once they get it, they're planning to hold a final vote before pushing
this drastic, radical new law into 28 countries and 500,000,000 people.
While the majority of the rules in the new Directive are inoffensive updates to European copyright law, two parts of the Directive represent pose a dire threat to the global Internet:
Article 11: A proposal to make platforms pay for linking to news sites by creating a non-waivable right to license any links from for-profit services (where those links include more than a word or two from the story or its headline). Article 11
fails to define "news sites," "commercial platforms" and "links," which invites 28 European nations to create 28 mutually exclusive, contradictory licensing regimes. Additionally, the fact that the "linking
right" can't be waived means that open-access, public-interest, nonprofit and Creative Commons news sites can't opt out of the system.
Article 13: A proposal to end the appearance of unlicensed copyrighted works on big user-generated content platforms, even for an instant. Initially, this included an explicit mandate to develop "filters" that would examine every
social media posting by everyone in the world and check whether it matched entries in an open, crowdsourced database of supposedly copyrighted materials. In its current form, the rule says that filters "should be avoided" but does not
explain how billions of social media posts, videos, audio files, and blog posts should be monitored for infringement without automated filtering systems.
Taken together, these two rules will subject huge swaths of online expression to interception and arbitrary censorship, and give the largest news companies in Europe the power to decide who can discuss and criticise their reporting, and
undermining public-interest, open-access journalism.
The Directive is now in the hands of the European member-states. National ministers are going to decide whether or not Europe becomes a global exporter of censorship and surveillance. Your voice counts : when you contact your ministers,
you are speaking as one citizen to another, in a national context, about issues of import to you and your neighbours. Your national government depends on your goodwill to win the votes to continue its mandate. This is a rare moment in European
lawmaking when local connections from citizens matter more than well-funded, international corporations.
If you live in Sweden, Germany, Luxembourg, or Poland:
Please contact your ministers to convey your concern about Article 13 and 11.
We've set up action pages to reach the right people, but you should tailor your message to describe who you are, and your worries. Your country has previously expressed concerns about Article 13 and 11, and may still oppose it.
The French Internet censor CNIL some time ago insisted that censorship required under the 'right to be forgotten' should be applied worldwide rather than limited to the EU. Google appealed against the court order leading to the case being sent to
the European Court of Justice.
Now opinions from the court's advocate general suggest that court will determine that the right to be forgotten does not apply worldwide. The opinions are not final but the court often follows them when it hands down its ruling, which is expected
CNIL wanted Google to remove links from Google.com instead of just removing links from European versions of the site, like Google.de and Google.fr. However Maciej Szpunar warned that going further would be risky because the right to be forgotten
always has to be balanced against other rights, including legitimate public interest in accessing the information sought.
Szpunar said if worldwide de-referencing was allowed, European Union authorities would not be able to determine a right to receive information or balance it against other fundamental rights to data protection and to privacy.
And of course if France were allowed to censor information from the entire worldwide internet then why not China, Russia, Iran, and Saudi Arabia?