Academics stress importance of preserving consistency and integrity of EU framework on content monitoring

Academics stress importance of preserving consistency and integrity of EU framework on content monitoring

Professor Kat McKitten
writing his diary at work
A group of EU-based academics (including myself) has just published a letter addressed at a number of EU institutions [you can see the one addressed to the EU Commission here] in the aftermath of the release by the EU Commission of the second copyright package [here and here].

Among other things, the letter focuses on proposed action in relation to content monitoring by intermediaries in the context of the so called 'value gap' proposal [Recitals 38-39 and Article 13 of the proposal for a directive on copyright in the digital single market], and stresses how the rationale of the existing prohibition of a general monitoring obligation on online intermediaries [as resulting from Article 15 of the ECommerce Directive] is rooted within a number of central objectives, including: 
  1. the encouragement of innovation, which is essential for the flourishing of the Digital Single Market; and 
  2. the protection of fundamental rights of all internet users, including those laid down in Article 7 and 8, Articles 9, 10 and 14 of the Charter of Fundamental Rights of the European Union.
 The letter asks to:
  • maintain the prohibition of general monitoring obligations and make sure that exceptions to general monitoring obligations are always narrowly construed, always pursue a legitimate aim, are always based on a clear and foreseeable legal ground and are always proportionate;
  • make sure that a discussion on the importance of Articles 14 and 15 of the ECommerce Directive is undertaken;
  • open a public and transparent discussion on the interplay between the proposed copyright directive and the ECommerce Directive.