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Offsite Article: How 1970s erotic cinema helped shape modern Spain...


Link Here 13th July 2018
Living in a dictatorship really made Spaniards appreciate the ending of film censorship in 1977. By Jesse Barker

See article from independent.co.uk

 

All bets are off...

French gaming authority decides that loot boxes are not gambling


Link Here 9th July 2018
Full story: Loot boxes in video games...Worldwide action against monetisation of video games

France's online gaming authority (ARJEL, Autorité de Régulation des Jeux En Ligne) has decided that loot boxes in premium-priced games are not gambling. It determined that loot boxes are not legally considered gambling, and therefore are not gambling.

However, ARJEL will continue to monitor the matter and is also calling for more unilateral support from the European Union in order to achieve a sound consensus on whether or not to consider loot boxes gambling.

According to ARJEL, the fact that you can't readily cash out your rewards from loot boxes for real-world currency means that in the minds of regulators it's not quite gambling. For them, the only way it would be gambling is if players could actually retrieve the money that they invested into the product.

However, ARJEL also believes that loot boxes do contain questionable psychological hooks that work very similar to slot machines and roulette wheels in terms of luring gamers into a feeling of needing to spend more money in order to acquire the item they seek.

 

What can the Copyright Directive vote tell us about the state of digital rights?...

An excellent summary of the issues leading to the EU disgracefully proposing internet censorship for the benefit of mostly American media corporations


Link Here 8th July 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states

As we have been covering in the last couple of articles, a controversial EU Copyright Directive has been under discussion at the European Parliament, and in a surprising turn of events, it voted to reject fast-tracking the tabled proposal by the JURI Committee which contained controversial proposals, particularly in Art 11 and Art 13 . The proposed Directive will now get a full discussion and debate in plenary in September.

I say surprising because for those of us who have been witnesses (and participants) to the Copyright Wars for the last 20 years, such a defeat of copyright maximalist proposals is practically unprecedented, perhaps with the exception of SOPA/PIPA . For years we've had a familiar pattern in the passing of copyright legislation: a proposal has been made to enhance protection and/or restrict liberties, a small group of ageing millionaire musicians would be paraded supporting the changes in the interest of creators. Only copyright nerds and a few NGOs and digital rights advocates would complain, their opinions would be ignored and the legislation would pass unopposed. Rinse and repeat.

But something has changed, and a wide coalition has managed to defeat powerful media lobbies for the first time in Europe, at least for now. How was this possible?

The main change is that the media landscape is very different thanks to the Internet. In the past, the creative industries were monolithic in their support for stronger protection, and they included creators, corporations, collecting societies, publishers, and distributors; in other words the gatekeepers and the owners were roughly on the same side. But the Internet brought a number of new players, the tech industry and their online platforms and tools became the new gatekeepers. Moreover, as people do not buy physical copies of their media and the entire industry has moved towards streaming, online distributors have become more powerful. This has created a perceived imbalance, where the formerly dominating industries need to negotiate with the new gatekeepers for access to users. This is why creators complain about a value gap between what they perceive they should be getting, and what they actually receive from the giants.

The main result of this change from a political standpoint is that now we have two lobbying sides in the debate, which makes all the difference when it comes to this type of legislation. In the past, policymakers could ignore experts and digital rights advocates because they never had the potential to reach them, letters and articles by academics were not taken into account, or given lip service during some obscure committee discussion just to be hidden away. Tech giants such as Google have provided lobbying access in Brussels, which has at least levelled the playing field when it comes to presenting evidence to legislators.

As a veteran of the Copyright Wars, I have to admit that it has been very entertaining reading the reaction from the copyright industry lobby groups and their individual representatives, some almost going apoplectic with rage at Google's intervention. These tend to be the same people who spent decades lobbying legislators to get their way unopposed, representing large corporate interests unashamedly and passing laws that would benefit only a few, usually to the detriment of users. It seems like lobbying must be decried when you lose.

But to see this as a victory for Google and other tech giants completely ignores the large coalition that shares the view that the proposed Articles 11 and 13 are very badly thought-out, and could represent a real danger to existing rights. Some of us have been fighting this fight when Google did not even exist, or it was but a small competitor of AltaVista, Lycos, Excite and Yahoo!

At the same time that more restrictive copyright legislation came into place, we also saw the rise of free and open source software, open access, Creative Commons and open data. All of these are legal hacks that allow sharing, remixing and openness. These were created precisely to respond to restrictive copyright practices. I also remember how they were opposed as existential threats by the same copyright industries, and treated with disdain and animosity. But something wonderful happened, eventually open source software started winning (we used to buy operating systems), and Creative Commons became an important part of the Internet's ecosystem by propping-up valuable common spaces such as Wikipedia.

Similarly, the Internet has allowed a great diversity of actors to emerge. Independent creators, small and medium enterprises, online publishers and startups love the Internet because it gives them access to a wider audience, and often they can bypass established gatekeepers. Lost in this idiotic "Google v musicians" rhetoric has been the threat that both Art 11 and 13 represent to small entities. Art 11 proposes a new publishing right that has been proven to affect smaller players in Germany and Spain; while Art 13 would impose potentially crippling economic restrictions to smaller companies as they would have to put in place automated filtering systems AND redress mechanisms against mistakes. In fact, it has been often remarked that Art 13 would benefit existing dominant forces, as they already have filtering in place (think ContentID).

Similarly, Internet advocates and luminaries see the proposals as a threat to the Internet, the people who know the Web best think that this is a bad idea. If you can stomach it, read this thread featuring a copyright lobbyist attacking Neil Gaiman, who has been one of the Internet celebrities that have voiced their concerns about the Directive.

Even copyright experts who almost never intervene in digital rights affairs the have been vocal in their opposition to the changes.

And finally we have political representatives from various parties and backgrounds who have been vocally opposed to the changes. While the leader of the political opposition has been the amazing Julia Reda, she has managed to bring together a variety of voices from other parties and countries. The vitriol launched at her has been unrelenting, but futile. It has been quite a sight to see her opponents both try to dismiss her as just another clueless young Pirate commanded by Google, while at the same time they try to portray her as a powerful enemy in charge of the mindless and uninformed online troll masses ready to do her bidding.

All of the above managed to do something wonderful, which was to convey the threat in easy-to-understand terms so that users could contact their representatives and make their voice heard. The level of popular opposition to the Directive has been a great sight to behold.

Tech giants did not create this alliance, they just gave various voices access to the table. To dismiss this as Google's doing completely ignores the very real and rich tapestry of those defending digital rights, and it is quite clearly patronising and insulting, and precisely the reason why they lost. It was very late until they finally realised that they were losing the debate with the public, and not even the last-minute deployment of musical dinosaurs could save the day.

But the fight continues, keep contacting your MEPs and keep applying pressure.

Appendix

So who supported internet censorship in the EU parliamentary vote?

Mostly the EU Conservative Group and also half the Social Democrat MEPs and half the Far Right MEPs

 

Chemically enhanced translation...

French TV finds that Syrians were overdubbed with words RT wanted to hear, not what they said


Link Here 29th June 2018
Full story: Russia Today Propaganda TV...Russia Today, English language international propaganda channel
France's TV censor has warned the French arm of the propaganda channel, Russia Today, over a news report that dubbed over the voices of Syrian civilians with words they had not said.

France's Audiovisual Council (CSA) accused the state-backed broadcaster with failures of honesty, rigour of information and diversity of viewpoints.

The news report, aired on 13 April, contested the reality of chemical weapons attacks in the Syrian region of Eastern Ghouta, the CSA said. It noted that the testimony of a Syrian witness had been dubbed with a voice saying words that bore no resemblance with what he had said.

The CSA added that another witness had been dubbed with a voiceover saying that local residents had been ordered by militant group Jaysh al-Islam to simulate the effects of a chemical attack, but the testimony did not mention any particular group.

The CSA further said the report demonstrated an imbalance in analysis of the situation in Syria and that on a subject this sensitive, the different points of view should have been expressed.

 

Offsite Article: Brexit cannot come soon enough...


Link Here 29th June 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
No more memes? The EU's latest threat to the net. The EU's new copyright laws will destroy the web as we know it. By Fraser Myers

See article from spiked-online.com

 

The Pied Piper of Hollywood...

TorrentFreak suggests that the disgraceful EU law to allow censorship machines to control the internet is just to help US Big Media get more money out of US Big Internet


Link Here 28th June 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
 
  
What is the mysterious hold that US Big Music has over Euro politicians?
 

Article 13, the proposed EU legislation that aims to restrict safe harbors for online platforms, was crafted to end the so-called "Value Gap" on YouTube.

Music piracy was traditionally viewed as an easy to identify problem, one that takes place on illegal sites or via largely uncontrollable peer-to-peer networks. In recent years, however, the lines have been blurred.

Sites like YouTube allow anyone to upload potentially infringing content which is then made available to the public. Under the safe harbor provisions of US and EU law, this remains legal -- provided YouTube takes content down when told to do so. It complies constantly but there's always more to do.

This means that in addition to being one of the greatest legal platforms ever created, YouTube is also a goldmine of unlicensed content, something unacceptable to the music industry.

They argue that the existence of this pirate material devalues the licensed content on the platform. As a result, YouTube maintains a favorable bargaining position with the labels and the best licensing deal in the industry.

The difference between YouTube's rates and those the industry would actually like is now known as the " Value Gap " and it's become one of the hottest topics in recent years.

In fact, it is so controversial that new copyright legislation, currently weaving its way through the corridors of power in the EU Parliament, is specifically designed to address it.

If passed, Article 13 will require platforms like YouTube to pre-filter uploads to detect potential infringement. Indeed, the legislation may as well have been named the YouTube Act, since it's the platform that provoked this entire debate and whole Value Gap dispute.

With that in mind, it's of interest to consider the words of YouTube's global head of music Lyor Cohen this week. In an interview with MusicWeek , Cohen pledges that his company's new music service, YouTube Music, will not only match the rates the industry achieves from Apple Music and Spotify, but the company's ad-supported free tier viewers will soon be delivering more cash to the labels too.  "Of course [rights holders are] going to get more money," he told Music Week.

If YouTube lives up to its pledge, a level playing field will not only be welcomed by the music industry but also YouTube competitors such as Spotify, who currently offer a free tier on less favorable terms.

While there's still plenty of room for YouTube to maneuver, peace breaking out with the labels may be coming a little too late for those deeply concerned about the implications of Article 13.

YouTube's business model and its reluctance to pay full market rate for music is what started the whole Article 13 movement in the first place and with the Legal Affairs Committee of the Parliament (JURI) adopting the proposals last week , time is running out to have them overturned.

Behind the scenes, however, the labels and their associates are going flat out to ensure that Article 13 passes, whether YouTube decides to "play fair" or not. Their language suggests that force is the best negotiating tactic with the distribution giant.

Yesterday, UK Music CEO Michael Dugher led a delegation to the EU Parliament in support of Article 13. He was joined by deputy Labour leader Tom Watson and representatives from the BPI, PRS, and Music Publishers Association, who urged MEPs to support the changes.

 

Updated: Not tippy-toeing around...

Performances of the Billy Elliot Musical in Hungary reduced after negative press campaign claiming it will turn kids gay


Link Here 27th June 2018
The Hungarian National Opera in Budapest has cancelled 15 performances of the musical Billy Elliot , blaming negative campaigning by the local media.

Daily newspaper Magyor Idok ran a series of stories claiming that the show could transform Hungarian boys into homosexuals, and another article said it promoted a deviant way of life.

Szilveszter Okovacs, director of the Hungary National Opera, told Hungarian site 444.hu: As you know, the negative campaign in recent weeks against the Billy Elliot production led to a big drop in ticket sales and for this reason we are cancelling 15 performances in line with the decision of our management.

The show will still play 24 other dates in the city, including one that is sold out.

Update: Billy Elliot gay propaganda row exposes purge in Hungary

27th June 2018. Thanks to Nick. See article from bbc.com

The attack on the head of the Hungarian State Opera was both crude and unexpected. And it came from the mouthpiece of the ruling Fidesz party, Magyar Idok.

Children who watched the opera's performance of the musical Billy Elliot were in danger of becoming homosexual, wrote Zsofia N Horvath in her opinion piece.Even the red stars used in the performance, in Budapest's cavernous Erkel theatre, were attacked in the show as banned symbols.

But another mystery entirely is that there is no known journalist called Zsofia N Horvath. The article fits into a new cultural offensive against the last liberals in a film, theatre and publishing world that is already dominated by Fidesz figures.

Since December the same publication, Magyar Idok, has featured a string of articles with targets including the head of the distinguished Petofi literary museum in Budapest, Gergely Pröhle. Jozsef Palinkas, the head of the National Research, Development and Innovation Office and a one-time Orban education minister, has been sacked.

All areas of cultural life should be purged of those who allow space for liberal, globalist, and cosmopolitan ideas, the writers suggest, including state News Agency MTI, the Hungarian Academy of Sciences and even Petofi radio, a public service music channel.

 

No more bets please...

Dutch games censors declare that their grace period has expired and they will be enforcing their ban on loot boxes


Link Here 25th June 2018
Full story: Loot boxes in video games...Worldwide action against monetisation of video games
The Dutch gambling authority will enforce a new ban on loot boxes. They identified four games that offer loot boxes that are considered gambling. According to the public broadcast company these games are FIFA 18, DOTA 2 , PlayerUnknown's BattleGrounds and Rocket League .

These games had until the 20th of June to make changes to the gambling aspect of their loot boxes. Starting from Thursday the gambling authority will enforce the rules. Fines can be 830.000 euro (960.000 dollar) or 10% of the company's worldwide revenue. If they don't make changes, the public prosecutor will look into prosecution.

 

Dictator loses his appeal...

German court dismisses Erdogan's appeal for the censorship of comedian who mocked him


Link Here 24th June 2018
Full story: Erdogan Insulted in Europe...Free speech finds no refuge in Germany

The Hamburg Higher Court ruled to dismiss Turkish President Recep Tayyip Erdogan's appeal to ban German comedian Jan Böhmermann's poem due to claims of insult and mockery.

The court ruled that the poem could not be completely banned due to Germany's laws protecting free speech. However, the court did uphold a ban regarding specific passages within the poem, which associates Erdogan with acts like bestiality and consuming child pornography.

The Turkish president was able to file a case against the German-based comedian due to an obscure German law that deems it illegal for German citizens to insult foreign leaders.

Böhmermann initially presented the poem on 31 March 2016 on his public broadcaster ZDF television programme Neo Magazin Royale . The satirical poem, which accused the Turkish president of repressing minorities and engaging in lewd behaviour, was read aloud by Böhmermann while he sat in front of a Turkish flag and a framed portrait of Erdogan.

 

Offsite Article: What we object to at the cinema has changed. Movie ratings should too...


Link Here 23rd June 2018
Full story: Irish Film Censors at IFCO...IFCO: the Irish film censor board
Should we worry less about film censor warnings about sex or violence and worry more about racial stereotyping? By Donald Clarke speaking about the Irish film censor, IFCO

See article from irishtimes.com

 

Censorship machines mass ready for the internet killing fields...

European Parliament committee passed vote to hand over censorship of the internet to US corporate giants


Link Here 20th June 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
The European Parliament's Committee on Legal Affairs (JURI) has officially approved Articles 11 and 13 of a Digital Single Market (DSM) copyright proposal, mandating censorship machines and a link tax.

Articles 11 and 13 of the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market have been the subject of considerable campaigning from pro-copyleft groups including the Open Rights Group and Electronic Frontier Foundation of late.

Article 11, as per the final version of the proposal, discusses the implementation of a link tax - the requirement that any site citing third-party materials do so in a way that adheres to the exemptions and restrictions of a total of 28 separate copyright laws or pays for a licence to use and link to the material;

Article 13, meanwhile, requires any site which allows users to post text, sound, program code, still or moving images, or any other work which can be copyrighted to automatically scan all such uploads against a database of copyright works - a database which they will be required to pay to access.

Both Article 11 and Article 13 won't become official legislation until passed by the entire European Parliament in a plenary vote. There's no definite timetable for when such a vote might take place, but it would likely happen sometime between December of this year and the first half of 2019.

 

Unstoppable Illiberalism...

In two days, an EU committee will vote to crown Google and Facebook permanent lords of internet censorship


Link Here 19th June 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states

On June 20, the EU's legislative committee will vote on the new Copyright directive , and decide whether it will include the controversial "Article 13" (automated censorship of anything an algorithm identifies as a copyright violation) and "Article 11" (no linking to news stories without paid permission from the site).

These proposals will make starting new internet companies effectively impossible -- Google, Facebook, Twitter, Apple, and the other US giants will be able to negotiate favourable rates and build out the infrastructure to comply with these proposals, but no one else will. The EU's regional tech success stories -- say Seznam.cz , a successful Czech search competitor to Google -- don't have $60-100,000,000 lying around to build out their filters, and lack the leverage to extract favorable linking licenses from news sites.

If Articles 11 and 13 pass, American companies will be in charge of Europe's conversations, deciding which photos and tweets and videos can be seen by the public, and who may speak.

The MEP Julia Reda has written up the state of play on the vote, and it's very bad. Both left- and right-wing parties have backed this proposal, including (incredibly) the French Front National, whose Youtube channel was just deleted by a copyright filter of the sort they're about to vote to universalise.

EU voting on censorship machines

So far, the focus in the debate has been on the intended consequences of the proposals: the idea that a certain amount of free expression and competition must be sacrificed to enable rightsholders to force Google and Facebook to share their profits.

But the unintended -- and utterly foreseeable -- consequences are even more important. Article 11's link tax allows news sites to decide who gets to link to them, meaning that they can exclude their critics. With election cycles dominated by hoaxes and fake news, the right of a news publisher to decide who gets to criticise it is carte blanche to lie and spin.

Article 13's copyright filters are even more vulnerable to attack: the proposals contain no penalties for false claims of copyright ownership, but they do mandate that the filters must accept copyright claims in bulk, allowing rightsholders to upload millions of works at once in order to claim their copyright and prevent anyone from posting them.

That opens the doors to all kinds of attacks. The obvious one is that trolls might sow mischief by uploading millions of works they don't hold the copyright to, in order to prevent others from quoting them: the works of Shakespeare, say, or everything ever posted to Wikipedia, or my novels, or your family photos.

More insidious is the possibility of targeted strikes during crisis: stock-market manipulators could use bots to claim copyright over news about a company, suppressing its sharing on social media; political actors could suppress key articles during referendums or elections; corrupt governments could use arms-length trolls to falsely claim ownership of footage of human rights abuses.

It's asymmetric warfare: falsely claiming a copyright will be easy (because the rightsholders who want this system will not tolerate jumping through hoops to make their claims) and instant (because rightsholders won't tolerate delays when their new releases are being shared online at their moment of peak popularity). Removing a false claim of copyright will require that a human at an internet giant looks at it, sleuths out the truth of the ownership of the work, and adjusts the database -- for millions of works at once. Bots will be able to pollute the copyright databases much faster than humans could possibly clear it.

I spoke with Wired UK's KG Orphanides about this, and their excellent article on the proposal is the best explanation I've seen of the uses of these copyright filters to create unstoppable disinformation campaigns.

Doctorow highlighted the potential for unanticipated abuse of any automated copyright filtering system to make false copyright claims, engage in targeted harassment and even silence public discourse at sensitive times.

"Because the directive does not provide penalties for abuse -- and because rightsholders will not tolerate delays between claiming copyright over a work and suppressing its public display -- it will be trivial to claim copyright over key works at key moments or use bots to claim copyrights on whole corpuses.

The nature of automated systems, particularly if powerful rightsholders insist that they default to initially blocking potentially copyrighted material and then releasing it if a complaint is made, would make it easy for griefers to use copyright claims over, for example, relevant Wikipedia articles on the eve of a Greek debt-default referendum or, more generally, public domain content such as the entirety of Wikipedia or the complete works of Shakespeare.

"Making these claims will be MUCH easier than sorting them out -- bots can use cloud providers all over the world to file claims, while companies like Automattic (WordPress) or Twitter, or even projects like Wikipedia, would have to marshall vast armies to sort through the claims and remove the bad ones -- and if they get it wrong and remove a legit copyright claim, they face unbelievable copyright liability."

 

Don't MEPs watch the movies?...

Nascent censorship machines already rise up against the stupid politicians that support their Genesis


Link Here 18th June 2018

Politicians, about to vote in favor of mandatory upload filtering in Europe, get channel deleted by YouTube's upload filtering.

French politicians of the former Front National are furious: their entire YouTube channel was just taken down by automatic filters at YouTube for alleged copyright violations. Perhaps this will cause them to reconsider next week's vote, which they have announced they will support: the bill that will make exactly this arbitrary, political, and unilateral upload filtering mandatory all across Europe.

The French party Front National, now renamed Rassemblemant National (national rally point), which is one of biggest parties in France, have gotten their YouTube channel disappeared on grounds of alleged copyright violations. In an interview with French Europe1, their leader Marine Le Pen calls the takedown arbitrary, political, and unilateral.

Europe is about to vote on new copyright law next week. Next Wednesday or Thursday. So let's disregard here for a moment that this happened to a party normally described as far-right, and observe that if it can happen to one of France's biggest parties regardless of their policies, then it can happen to anyone for political reasons 204 or any other reason.

The broadcast named TVLibert39s is gone, described by YouTube as YouTube has blocked the broadcast of the newscast of Thursday, June 14 for copyright infringement.

Marine Le Pen was quoted as saying, This measure is completely false; we can easily assert a right of quotation [to illustrate why the material was well within the law to broadcast].

She's right. Automated upload filters do not take into account when you have a legal right to broadcast copyrighted material for one of the myriad of valid reasons. They will just assume that this such reasons never exist; if nothing else, to make sure that the hosting platform steers clear of any liability. Political messages will be disappeared on mere allegations by a political opponent, just as might have happened here.

And yet, the Rassemblemant National is going to vote in favor of exactly this mandatory upload filtering. The horror they just described on national TV as arbitrary, political, and unilateral.

It's hard to illustrate clearer that Europe's politicians have absolutely no idea about the monster they're voting on next week.

The decisions to come will be unilateral, political, and arbitrary. Freedom of speech will be unilateral, political, and arbitrary. Just as Marine Le Pen says. Just as YouTube's Content ID filtering is today, as has just been illustrated.

The article mandating this unilateral, political, and arbitrary censorship is called Article 13 of the upcoming European Copyright bill, and it must be removed entirely. There is no fixing of automated censorship machines.

Privacy remains your own responsibility. So do your freedoms of speech, information, and expression.

 

All fired up...

German rappers escape prosecution for lyrics containing trivial references to the Holocaust


Link Here 18th June 2018
Award winning rappers Farid Bang and Kollegah will not face prosecution over lyrics that referenced Auschwitz and the Holocaust .

A few people were offended  when Kollegah and Farid Bang compared their bodies with those of Auschwitz prisoners, and also by a suggestion that they were doing another Holocaust.

However, prosecutors have said their artistic freedom was guaranteed by the constitution, and while the rap lyrics were deemed offensive, they did not amount to Holocaust denial or incitement of violence.

Dusseldorf prosecutor's office spokesman Ralf Herrenbruck told German media that while the words may have been vulgar, misogynistic and homophobic, it would not be possible to bring charges, saying it was neither an endorsement nor a trivialisation of the Nazi regime and its genocide. A statement explained:

The comparison of a concentration camp inmate with their own body may be tasteless, but it does not represent denial of the Holocaust.

The two 'offending' lines from their latest album J BG3 (Young, brutal, good looking 3).

  • One track includes the words: My body is more defined than those of Auschwitz inmates.
  • Another has the lyric: I'm doing another Holocaust, coming with the Molotov.

 

The UN shames the EU...

The UN's free speech rapporteur condemns the EU's censorship machines that will violate human rights


Link Here 17th June 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
David Kaye, the UN's Special Rapporteur on freedom of expression has now chimed in with a very thorough report, highlighting how Article 13 of the Directive -- the part about mandatory copyright filters -- would be a disaster for free speech and would violate the UN's Declaration on Human Rights, and in particular Article 19 which says:

Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.

As Kaye's report notes, the upload filters of Article 13 of the Copyright Directive would almost certainly violate this principle.

Article 13 of the proposed Directive appears likely to incentivize content-sharing providers to restrict at the point of upload user-generated content that is perfectly legitimate and lawful. Although the latest proposed versions of Article 13 do not explicitly refer to upload filters and other content recognition technologies, it couches the obligation to prevent the availability of copyright protected works in vague terms, such as demonstrating best efforts and taking effective and proportionate measures. Article 13(5) indicates that the assessment of effectiveness and proportionality will take into account factors such as the volume and type of works and the cost and availability of measures, but these still leave considerable leeway for interpretation.

The significant legal uncertainty such language creates does not only raise concern that it is inconsistent with the Article 19(3) requirement that restrictions on freedom of expression should be provided by law. Such uncertainty would also raise pressure on content sharing providers to err on the side of caution and implement intrusive content recognition technologies that monitor and filter user-generated content at the point of upload. I am concerned that the restriction of user-generated content before its publication subjects users to restrictions on freedom of expression without prior judicial review of the legality, necessity and proportionality of such restrictions. Exacerbating these concerns is the reality that content filtering technologies are not equipped to perform context-sensitive interpretations of the valid scope of limitations and exceptions to copyright, such as fair comment or reporting, teaching, criticism, satire and parody.

Kaye further notes that copyright is not the kind of thing that an algorithm can readily determine, and the fact-specific and context-specific nature of copyright requires much more than just throwing algorithms at the problem -- especially when a website may face legal liability for getting it wrong.

The designation of such mechanisms as the main avenue to address users' complaints effectively delegates content blocking decisions under copyright law to extrajudicial mechanisms, potentially in violation of minimum due process guarantees under international human rights law. The blocking of content -- particularly in the context of fair use and other fact-sensitive exceptions to copyright -- may raise complex legal questions that require adjudication by an independent and impartial judicial authority. Even in exceptional circumstances where expedited action is required, notice-and-notice regimes and expedited judicial process are available as less invasive means for protecting the aims of copyright law.

In the event that content blocking decisions are deemed invalid and reversed, the complaint and redress mechanism established by private entities effectively assumes the role of providing access to remedies for violations of human rights law. I am concerned that such delegation would violate the State's obligation to provide access to an effective remedy for violations of rights specified under the Covenant. Given that most of the content sharing providers covered under Article 13 are profit-motivated and act primarily in the interests of their shareholders, they lack the qualities of independence and impartiality required to adjudicate and administer remedies for human rights violations. Since they also have no incentive to designate the blocking as being on the basis of the proposed Directive or other relevant law, they may opt for the legally safer route of claiming that the upload was a terms of service violation -- this outcome may deprive users of even the remedy envisioned under Article 13(7). Finally, I wish to emphasize that unblocking, the most common remedy available for invalid content restrictions, may often fail to address financial and other harms associated with the blocking of timesensitive content.

He goes on to point that while large platforms may be able to deal with all of this, smaller ones are going to be in serious trouble:

I am concerned that the proposed Directive will impose undue restrictions on nonprofits and small private intermediaries. The definition of an online content sharing provider under Article 2(5) is based on ambiguous and highly subjective criteria such as the volume of copyright protected works it handles, and it does not provide a clear exemption for nonprofits. Since nonprofits and small content sharing providers may not have the financial resources to establish licensing agreements with media companies and other right holders, they may be subject to onerous and legally ambiguous obligations to monitor and restrict the availability of copyright protected works on their platforms. Although Article 13(5)'s criteria for effective and proportionate measures take into account the size of the provider concerned and the types of services it offers, it is unclear how these factors will be assessed, further compounding the legal uncertainty that nonprofits and small providers face. It would also prevent a diversity of nonprofit and small content-sharing providers from potentially reaching a larger size, and result in strengthening the monopoly of the currently established providers, which could be an impediment to the right to science and culture as framed in Article 15 of the ICESCR.

 

Offsite Article: Germany's Deletion Centre...


Link Here 16th June 2018
Full story: Internet Censorship in Germany...Germany considers state internet filtering
A report about 1200 internet censors working in Germany to delete Nazi symbols and insults of migrants

See article from independent.co.uk

 

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