Under the safe harbour rules of the EU Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Twenty years later, the regime for online intermediaries in the EU fundamentally shifted with the adoption of Article 17 CDSM Directive. For a specific class of online intermediaries called ‘online content-sharing providers’ (OCSSPs), uploads of infringing works by their users now result in direct liability and they are required to undertake ‘best efforts’ to obtain authorization for such uploads. This article examines Article 17’s provisions of the EU Charter of Fundamental Rights and the European Convention of Human Rights that are affected by an obligation to monitor and filter for copyright-infringing content … (more)
First posted 2021-03-26 14:00:29
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