Poland has formally challenged the recently adopted controversial copyright directive of the European Union, according to Reuters, saying that the legislation would bring unwanted censorship. The country lodged its complaint with the Court of Justice of the European Union yesterday.
Polish Deputy Foreign Minister Konrad Szymanski said that "the system could lead to the adoption of rules analogous to preventive censorship, which is not only prohibited in the Polish constitution, but also in the EU treaties." Polish MPs are mostly rejected the measure (two abstentions, eight in favor, 33 against, six no votes and two missing) when it was voted on.
The Council of the European Union formally adopted the directive in April and it will enter into force on 7 June 2019. Following that action, the EU member states have until 7 June 2021 to prepare their own legislation to implement it. The legislation is intended to update copyright law and contains a number of controversial clauses, such as Article 11, the so-called "link tax", which allows publishers to use platforms such as Google to display news stories, and Article 13, which states that platforms are liable for content that infringes someone's copyright.
Users for platforms such as Facebook, Google, YouTube, Wikipedia and others are concerned that the directive may be harmful to the way they use the site – Content platforms are not liable for what they host, provided that they make an effort to remove something that infringes copyright, such as music or illegal films. Sites must now proactively ensure that copyrighted content does not reach the site. As my colleagues James Vincent and Russell Brandom noted last year, sites may have to resort to the implementation of a filter that would be ripe for copyright rollers' abuse and make millions of mistakes. The technology simply does not exist to scan the content of the internet in this way. "