A provision on notice and takedown having applicability throughout theEuropean Union has the potential to likewise be an effective means of combating violationsof rights. With regard to the freedom of information, this might be a gentler means.The document also questions if a provision on ‘ notice and takedown’ having applicability throughout the EU, would not be suited to likewise protect the interests of rightholders, adding that “ with regard to the freedom of information, this might be a gentler means“.This solution of harmonising ‘notice-and-take down’ procedures was actually put forward by the Max Planck Institute for Innovation and Competition in their to the questions of the 6 Member States. The Conclusion: Stop this Charade, Delete Article 13 & Have a Proper Discussion on Addressing Illegal Content on the InternetThe German Government’s thinking goes in the right direction with their question about harmonising ‘notice-and-take down’ procedures as an alternative solution. Let’s stop this charade on Article 13 and have a proper, balanced an holistic discussion on adressing illegal content on the Internet.This is not even wishful thinking: the online news platform POLITICO already the draft EC’s Communication on ‘Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms’.
That said, since the UK has adopted other European-wide digital legislation in the past, namely the General Data Protection Regulation, the country could decide to adopt Article 13 — even after Brexit. As with other issues related to Brexit, Article 13’s impact on UK sites, businesses and users, remains to be seen.
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This Communication is currently being finalised internally in the EC Inter-Service Consultation process, and is expected for 27 September.
Critics such as Wikipedia co-founder Jimmy Wales have argued that the impact will fall most on ordinary users of the internet.Tech giants such as Google and Facebook may also be forced to pay media outlets for using their content.The Directive on Copyright states 'online content sharing service providers and right holders shall cooperate in good faith in order to ensure that unauthorised protected works or other subject matter are not available on their services.' It basically means sites such as Facebook, YouTube and Twitter, which host a lot of user-generated content, are responsible to delete copyrighted content. Therefore people have claimed memes, which are often copyrighted pictures, will be banned as a result of the EU directive.But legal experts argued memes will not be banned because they are parodies and as a result the directive will not apply.Others have said copyright filters may flag memes and inadvertently remove them.But memes are not banned and social media users are still allowed to post memes online without fear of being penalised by the new copyright directive. ©News Group Newspapers Limited in England No. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. 'The Sun', 'Sun', 'Sun Online' are registered trademarks or trade names of News Group Newspapers Limited.
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