The fight against illegal online content
Last month, the European Commission published the paper Towards an enhanced responsibility of online platforms concerning the fight against illegal online content. The Commission states that its aim is to “facilitate and intensify the implementation of good practices for preventing, detecting, removing and disabling access to illegal content”. It is hoped that the implementation of its guidelines will “ensure the effective removal of illegal content, [provide] increased transparency and [enhance] the protection of fundamental rights online”. Illegal online content is becoming more and more prevalent and its accessibility is increasing. The Commission considers that removing illegal online content “represents an urgent challenge” for online providers as this content poses “a serious threat to security and safety, as well as to the dignity of victims”. Purpose of the paperThe paper expressly targets internet service providers (ISPs), and has a general application across all forms of illegal online content. The Commission explains that “what is illegal offline is also illegal online”. The Commission also states that online platforms should “decisively step up their actions” to prevent the spread of illegal online content noting the responsibilities they have derived as a result of their “central role in society”. The paper broadly covers three areas: Detecting and notifying illegal content; Removing illegal content; and Preventing the reappearance of illegal content. What effect will this have?The paper will be welcomed by intellectual property right owners....
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