Civil society organisations’ joint letter on Art 17 DSM Directive
Last week the deadline for responses to the European Commission’s Targeted consultation addressed to the participants to the stakeholder dialogue on Article 17 of the CDSM Directive came to a close. Yesterday 14 September 2020, civil society organisations sent to Commissioner Breton a joint letter summarising their responses to the Commission’s consultation document and emphasising the importance of user rights protection.
In the letter, which received support from the stakeholders that took part in the Commission’s stakeholder dialogue and from other digital and human rights organisations across Europe, the civil society organisations pointed out some of the drawbacks of the Commission’s consultation paper, which could result in user rights’ infringement. The consultation paper for example, despite representing a step in the right direction, still enables and even supports the use of automated content blocking, which can even constitute the breach of EU laws.
Additionally, the joint letter emphasises the importance of assuring safeguards for legitimate uses of uploaded content that are actually effective, as well as fast and effective redress mechanism for users. It is crucial that not manifestly infringing content remains online until human review is performed.
The joint letter also praises the consultation paper, especially in regards to its interpretation of Article 17 DSM Directive as being lex specialis in relation to communication to the public right contained in Article 3 of the InfoSoc Directive.
You can access the entire letter alongside with the list of its supporters here.
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