Consensus before Censorship – why the Copyright Directive was rejected
Rhea Mills 13th July 2018
An impossible code
Having only recently recovered from the GDPR frenzy which gripped the continent in May, some media companies will be feeling relieved that the European Parliament last week sent controversial copyright reforms back to the drawing board. The proposed legislation included Article 11, which would require online platforms – search engines, news aggregators, etc. – to pay publications if they link to them. Article 13 meanwhile would have made copyright enforcement the responsibility of online service providers, and asked them to use content recognition technology to censor material at the point of upload.
Over the past few years, we’ve witnessed an increasing inclination from the EU and its member states to privatise tasks which many believe should be undertaken by the police and courts of the respective state. As with the censorship of online hate speech, the ongoing debate has centred around just who ought to be arbiter of these laws – i.e. humans or machines. The trouble is that