Posts Tagged ‘EU’

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julia reda The European Council has firmly rejected the negotiating mandate that was supposed to set out Member States’ position ahead of what was supposed to be the final negotiation round with the European Parliament. National governments failed to agree on a common position on the two most controversial articles, Article 11, also known as the Link Tax, and Article 13, which would require online platforms to use upload filters in an attempt to prevent copyright infringement before it happens.

A total of 11 countries voted against the compromise text proposed by the Romanian Council presidency earlier this week: Germany, Belgium, the Netherlands, Finland and Slovenia, who already opposed a previous version of the directive, as well as Italy, Poland, Sweden, Croatia, Luxembourg and Portugal. With the exception of Portugal and Croatia, all of these governments are known for thinking that either Article 11 or Article 13, respectively, are insufficiently protective of users’ rights. At the same time, some rightsholder groups who are supposed to benefit from the Directive are also turning their backs on Article 13.

This surprising turn of events does not mean the end of Link Tax or censorship machines, but it does make an adoption of the copyright directive before the European elections in May less likely. The Romanian Council presidency will have the chance to come up with a new text to try to find a qualified majority, but with opposition mounting on both sides of the debate, this is going to be a difficult task indeed.

The outcome of today’s Council vote also shows that public attention to the copyright reform is having an effect. Keeping up the pressure in the coming weeks will be more important than ever to make sure that the most dangerous elements of the new copyright proposal will be rejected.

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EU flag The Internet is Facing a Catastrophe For Free Expression and Competition But You Could Still Tip The Balance. By Cory Doctorow

The new EU Copyright Directive is progressing at an alarming rate. This week, the EU is asking its member-states to approve new negotiating positions for the final language. Once they get it, they’re planning to hold a final vote before pushing this drastic, radical new law into 28 countries and 500,000,000 people.

While the majority of the rules in the new Directive are inoffensive updates to European copyright law, two parts of the Directive represent pose a dire threat to the global Internet:

  • Article 11: A proposal to make platforms pay for linking to news sites by creating a non-waivable right to license any links from for-profit services (where those links include more than a word or two from the story or its headline). Article 11 fails to define “news sites,” “commercial platforms” and “links,” which invites 28 European nations to create 28 mutually exclusive, contradictory licensing regimes. Additionally, the fact that the “linking right” can’t be waived means that open-access, public-interest, nonprofit and Creative Commons news sites can’t opt out of the system.

  • Article 13: A proposal to end the appearance of unlicensed copyrighted works on big user-generated content platforms, even for an instant. Initially, this included an explicit mandate to develop “filters” that would examine every social media posting by everyone in the world and check whether it matched entries in an open, crowdsourced database of supposedly copyrighted materials. In its current form, the rule says that filters “should be avoided” but does not explain how billions of social media posts, videos, audio files, and blog posts should be monitored for infringement without automated filtering systems.

Taken together, these two rules will subject huge swaths of online expression to interception and arbitrary censorship, and give the largest news companies in Europe the power to decide who can discuss and criticise their reporting, and undermining public-interest, open-access journalism.

The Directive is now in the hands of the European member-states. National ministers are going to decide whether or not Europe becomes a global exporter of censorship and surveillance. Your voice counts : when you contact your ministers, you are speaking as one citizen to another, in a national context, about issues of import to you and your neighbours. Your national government depends on your goodwill to win the votes to continue its mandate. This is a rare moment in European lawmaking when local connections from citizens matter more than well-funded, international corporations.

If you live in Sweden, Germany, Luxembourg, or Poland:

Please contact your ministers to convey your concern about Article 13 and 11.

We’ve set up action pages to reach the right people, but you should tailor your message to describe who you are, and your worries. Your country has previously expressed concerns about Article 13 and 11, and may still oppose it.

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European Court of Justice The French Internet censor CNIL some time ago insisted that censorship required under the ‘right to be forgotten’ should be applied worldwide rather than limited to the EU. Google appealed against the court order leading to the case being sent to the European Court of Justice.Now opinions from the court’s advocate general suggest that court will determine that the right to be forgotten does not apply worldwide. The opinions are not final but the court often follows them when it hands down its ruling, which is expected later.

CNIL wanted Google to remove links from Google.com instead of just removing links from European versions of the site, like Google.de and Google.fr. However Maciej Szpunar warned that going further would be risky because the right to be forgotten always has to be balanced against other rights, including legitimate public interest in accessing the information sought.

Szpunar said if worldwide de-referencing was allowed, European Union authorities would not be able to determine a right to receive information or balance it against other fundamental rights to data protection and to privacy.

And of course if France were allowed to censor information from the entire worldwide internet then why not China, Russia, Iran, and Saudi Arabia?

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Italy flag When the EU voted for mandatory copyright censorship of the internet in September, Italy had a different government; the ensuing Italian elections empowered a new government, who oppose the filters.

Once states totalling 35% of the EU’s population oppose the new Copyright Directive, they can form a “blocking minority” and kill it or cause it to be substantially refactored. With the Italians opposing the Directive because of its draconian new internet rules (rules introduced at the last moment, which have been hugely controversial), the reputed opponents of the Directive have now crossed the 35% threshold, thanks to Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary.

Unfortunately, the opponents of Article 11 (the “link tax”) and Article 13 (the copyright filters) are not united on their opposition — they have different ideas about what they would like to see done with these provisions. If they pull together, that could be the end of these provisions.

If you’re a European this form will let you contact your MEP quickly and painlessly and let them know how you feel about the proposals.

That’s where matters stand now: a growing set of countries who think copyright filters and link taxes go too far, but no agreement yet on rejecting or fixing them.

The trilogues are not a process designed to resolve such large rifts when both the EU states and the parliament are so deeply divided.

What happens now depends entirely on how the members states decide to go forward: and how hard they push for real reform of Articles 13 and 11. The balance in that discussion has changed, because Italy changed its position. Italy changed its position because Italians spoke up. If you reach out to your countries’ ministry in charge of copyright, and tell them that these Articles are a concern to you, they’ll start paying attention too. And we’ll have a chance to stop this terrible directive from becoming terrible law across Europe.

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YouTube logo YouTube has warned its video creators about the likely effect of the EU’s upcoming censorship machines:

YouTube’s growing creative economy is at risk, as the EU Parliament voted on Article 13, copyright legislation that could drastically change the internet that you see today.

Article 13 as written threatens to shut down the ability of millions of people — from creators like you to everyday users — to upload content to platforms like YouTube. And it threatens to block users in the EU from viewing content that is already live on the channels of creators everywhere. This includes YouTube’s incredible video library of educational content, such as language classes, physics tutorials and other how-to’s.

This legislation poses a threat to both your livelihood and your ability to share your voice with the world. And, if implemented as proposed, Article 13 threatens hundreds of thousands of jobs, European creators, businesses, artists and everyone they employ. The proposal could force platforms, like YouTube, to allow only content from a small number of large companies. It would be too risky for platforms to host content from smaller original content creators, because the platforms would now be directly liable for that content. We realize the importance of all rights holders being fairly compensated, which is why we built Content ID and a platform to pay out all types of content owners. But the unintended consequences of article 13 will put this ecosystem at risk. We are committed to working with the industry to find a better way. This language could be finalized by the end of the year, so it’s important to speak up now.

Please take a moment to learn more about how it could affect your channel and take action immediately. Tell the world through social media (#SaveYourInternet) and your channel why the creator economy is important and how this legislation will impact you

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european parliament 2018 logo New rules on audiovisual media services will apply to broadcasters, and also to video-on-demand and video-sharing platforms

MEPs voted on updated rules on audiovisual media services covering children protection, stricter rules on advertising, and a requirement 30% European content in video-on-demand.

Following the final vote on this agreement, the revised legislation will apply to broadcasters, but also to video-on-demand and video-sharing platforms, such as Netflix, YouTube or Facebook, as well as to live streaming on video-sharing platforms.

The updated rules will ensure:

  • Enhanced protection of minors from violence, hatred, terrorism and harmful advertising

Audiovisual media services providers should have appropriate measures to combat content inciting violence, hatred and terrorism, while gratuitous violence and pornography will be subject to the strictest rules. Video-sharing platforms will now be responsible for reacting quickly when content is reported or flagged by users as harmful.

The legislation does not include any automatic filtering of uploaded content, but, at the request of the Parliament, platforms need to create a transparent, easy-to-use and effective mechanism to allow users to report or flag content.

The new law includes strict rules on advertising, product placement in children’s TV programmes and content available on video-on-demand platforms. EP negotiators also secured a personal data protection mechanism for children, imposing measures to ensure that data collected by audiovisual media providers are not processed for commercial use, including for profiling and behaviourally targeted advertising.

  • Redefined limits of advertising

Under the new rules, advertising can take up a maximum of 20% of the daily broadcasting period between 6.00 and 18.00, giving the broadcaster the flexibility to adjust their advertising periods. A prime-time window between 18:00 and 0:00 was also set out, during which advertising will only be allowed to take up a maximum of 20% of broadcasting time.

  • 30% of European content on the video-on-demand platforms’ catalogues

In order to support the cultural diversity of the European audiovisual sector, MEPs ensured that 30% of content in the video-on-demand platforms’ catalogues should be European.

Video-on-demand platforms are also asked to contribute to the development of European audiovisual productions, either by investing directly in content or by contributing to national funds. The level of contribution in each country should be proportional to their on-demand revenues in that country (member states where they are established or member states where they target the audience wholly or mostly).

The legislation also includes provisions regarding accessibility, integrity of a broadcaster’s signal, strengthening regulatory authorities and promoting media competences.

Next steps

The deal still needs to be formally approved by the Council of EU ministers before the revised law can enter into force. Member States have 21 months after its entry into force to transpose the new rules into national legislation.

The text was adopted by 452 votes against 132, with 65 abstentions.

Article 6a

A new section has been added to the AVMS rules re censorship

  1. Member States shall take appropriate measures to ensure that audiovisual media services provided by media service providers under their jurisdiction which may impair the physical, mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures.

  2. Personal data of minors collected or otherwise generated by media service providers pursuant to paragraph 1 shall not be processed for commercial purposes, such as direct marketing, profiling and behaviourally targeted advertising.

  3. Member States shall ensure that media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, media service providers shall use a system describing the potentially harmful nature of the content of an audiovisual media service. For the implementation of this paragraph, Member States shall encourage the use of co – regulation as provided for in Article 4a(1).

  4. The Commission shall encourage media service providers to exchange best practices on co – regulatory codes of conduct . Member States and the Commission may foster self – regulation, for the purposes of this Article, through Union codes of conduct as referred to in Article 4a(2).

Article 4a suggests possible organisation of the censors assigned to the task, eg state censors, state controlled organisations eg Ofcom, or nominally state controlled co-regulators like the defunct ATVOD.

Article 4a(3). notes that censorial countries like the UK are free to add further censorship rules of their own:

Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in compliance with this Directive and Union law, including where their national independent regulatory authorities or bodies conclude that any code of conduct or parts thereof h ave proven not to be sufficiently effective. Member States shall report such rules to the Commission without undue delay. ;

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european commission logo Tech companies that fail to remove terrorist content quickly could soon face massive fines. The European Commission proposed new rules on Wednesday that would require internet platforms to remove illegal terror content within an hour of it being flagged by national authorities. Firms could be fined up to 4% of global annual revenue if they repeatedly fail to comply.Facebook (FB), Twitter (TWTR) and YouTube owner Google (GOOGL) had already agreed to work with the European Union on a voluntary basis to tackle the problem. But the Commission said that progress has not been sufficient.

A penalty of 4% of annual revenue for 2017 would translate to $4.4 billion for Google parent Alphabet and $1.6 billion for Facebook.

The proposal is the latest in a series of European efforts to control the activities of tech companies.

The terror content proposal needs to be approved by the European Parliament and EU member states before becoming law.