content regulation / Copyright / Data protection / filtering / freedom of expression / Human rights / illegal content / Internet intermediaries / notice-and-action / notice-and-take down / online platforms

Data Protection and Copyright: Could Art. 29 WP guidance on automated decision-making “help” with filters?

In its own way, the pan-EU Article 29 Data Protection Working Party (Art. 29 WP) has been very active in the past few months. One of the most awaited piece of advice released by Art. 29 WP this month covers automated individual decision-making and profiling for the purposes of Regulation 2016/679 (Opinion WP 251). Why … Continue reading

content regulation / eIDAS / filtering / Internet intermediaries / online platforms

The EU approach to content regulation online bis: tackling (il)legal content online with real-world identities?

Among the policy objectives to pursue in order to ensure the flourishing of the Digital Single Market, one finds here: “Updating  EU audiovisual rules and working with platforms to create a fairer environment for everyone, promote European films, protect children and tackle hate speech.” Clicking on ‘platforms,’ one can also read: “Online platforms are an important part of … Continue reading

content regulation / Copyright / defamation / filtering / hate speech / Human rights / Internet intermediaries / Law enforcement / liability / notice-and-action / notice-and-take down / terrorism

The EU approach to content regulation online: tackling (il)legal content online with upload and re-upload filters!

Intermediary liability has been up until now a never-ending story. For the past two years, we have been regularly fed with communications, codes of conduct, legislative proposals, as well as soft but loud encouragements, from national governments targeting online platforms and asking them to do much more to tackle illegal content such as child sexual … Continue reading

content regulation / Copyright / filtering / Internet intermediaries / Privacy / safe harbour

Open Letter to the European Commission – On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society

This is not just another post on the proposed Copyright Directive released on 14 September 2016 (Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market discussed in my previous post here) and others hard and/or soft law initiatives coming from the European Commission (see for … Continue reading

content regulation / Copyright / filtering / illegal content / immunities / Intellectual Property / Internet intermediaries

Article 15(1) ECD is dead! Long live Article 15(2) ECD! Or how the European Commission stroke the last blow to the ECD safe harbours with its proposed copyright Directive!

  So here we are, never 2 without 3. After the proposed Audiovisual Media Services Directive (AMSD), and the Code of Conduct on countering illegal hate speech, here comes the proposed Directive on copyright in the Digital Single Market! This proposed Directive contains 24 Articles and touches upon hotly debated and controversial issues, such as … Continue reading

blocking injunction / deep packet inspection / filtering / Intellectual Property / Internet intermediaries / Trade Marks

Blocking injunction confirmed in trade mark case: could Cartier ever nourish euro-scepticism even after Brexit?

The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading