Monitoring and Filtering: European Reform or Global Trend?

Frosio, Giancarlo; Mendis, Sunimal

doi:10.2139/ssrn.3411615

Cited by 2 publications

(2 citation statements)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In the internet era the impact of upload filters on human rights has become a central issue for legal scholarship. A growing body of research has investigated whether, relying on human rights as a benchmark, Article 17 of the CDSM Directive is a lawful response to the problem of online copyright infringement (Frosio and Mendis 2019;Geiger and Izyumenko 2019;Grisse 2019;Husovec 2019;Quintais et al 2019;Senftleben 2019). Surprisingly, however, little research has been conducted on the compatibility of Article 17 of the CDSM Directive with Articles 6, 8 and 10 ECHR, the E-Commerce Directive and the GDPR.…”

Section: Discussion Of Findingsmentioning

confidence: 99%

‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market

Moreno

2020

International Review of Law, Computers & Technology

View full text Add to dashboard Cite

This paper critically examines to what extent Article 17 of the EU Directive on Copyright in the Digital Single Market (CDSM) could be implemented in a way which complies with the right of online content-sharing service providers and uploaders to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (ECHR), the E-Commerce Directive 2000/31 and the General Data Protection Regulation 2016/679. The analysis draws upon Article 17 CDSM Directive, the case-law of the Strasbourg and Luxembourg courts, and academic literature. It assesses the compliance of 'upload filters' with the European Court of Human Rights' (ECtHR) threepart, non-cumulative test to determine whether the obligations laid down in Article 17 can be implemented: firstly, that it is 'in accordance with the law'; secondly, that it pursues one or more legitimate aims contained in Article 8(2) and 10(2) Convention; and thirdly, that it is 'necessary' and 'proportionate'. The paper also evaluates the compatibility of upload filters with the ECtHR principle of presumption of innocence under Article 6 ECHR. It proposes that for Article 17 to be a human rights-compliant response, upload filters must be targeted specifically at online infringement of copyright on a commercial-scale.

show abstract

Section: Discussion Of Findingsmentioning

confidence: 99%

‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market

Moreno

2020

International Review of Law, Computers & Technology

View full text Add to dashboard Cite

show abstract

“…Article 17 seeks to achieve this goal by imposing a heightened duty of care and an enhanced degree of liability on OCSSPs for copyright-infringing content shared by users over their platforms. Consequently, OCSSSPs are compelled to adopt a more stringent regulatory approach toward preventing the sharing of unauthorized content, for instance, by engaging in more expansive monitoring and filtering of UGC content with the aid of algorithmic content moderation tools (Frosio and Mendis 2020).…”

mentioning

confidence: 99%

Democratic Discourse in the Digital Public Sphere: Re-imagining Copyright Enforcement on Online Social Media Platforms

Mendis

2021

Perspectives on Digital Humanism

Self Cite

View full text Add to dashboard Cite

Within the current European Union (EU) online copyright enforcement regime—of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision—the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair remuneration for content shared over their platforms (role of “content distributors”) and preventing unauthorized uses of copyright-protected content (“Internet police”). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that users’ freedom to engage in democratic discourse are preserved. This chapter proposes a re-imagining of the EU legal framework on online copyright enforcement—using the social planning theory of copyright law as a normative framework—to increase its fitness for preserving and promoting copyright law’s democracy-enhancing function.

show abstract

Monitoring and Filtering: European Reform or Global Trend?

Cited by 2 publications

References 2 publications

‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market

‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market

Democratic Discourse in the Digital Public Sphere: Re-imagining Copyright Enforcement on Online Social Media Platforms

Contact Info

Product

Resources

About