New European copyright law endangers free internet

The parliamentary economics committee is considering the reform of copyright. This is a reform that is urgently needed, but which also entails some damaging and pernicious consequences for the sector and the free internet. MP Anneleen Van Bossuyt: “The mandatory filtering system is a modern censorship machine. A treasure trove of creativity is going to be lost in this way. This seriously endangers not only the free internet, but also freedom of expression.”

No or very low fees

Copyright law needs to be adapted to the new reality of increasing digitisation. Many authors and performing artists are currently seeing their rights being eroded and are receiving no or very low compensation. Reform is not only desirable, but it is also badly needed,” says Anneleen Van Bossuyt. “What I cannot agree with, however, is the censorship that some provisions of the European regulation will lead to.”

Freedom of expression is at stake

In practice, an online platform such as YouTube becomes liable for protected material shared by a user. This means that they must in fact implement a filtering system on everything that is shared on their channels. “But filters are not capable of recognising exceptions to copyright such as parodies, and so will hold them back by way of a precaution. A treasure trove of creativity is going to be lost in this way. This seriously endangers not only the free internet, but also freedom of expression.”

No legal basis

It is striking that the De Croo government is creating a new right that has no basis in the European directive and has already been assessed negatively twice by the European Commission. It concerns an inalienable (additional) right to compensation for authors and performing artists through compulsory collective management. Anneleen Van Bossuyt: “An additional right to compensation sounds nice, of course, but this right has no legal basis, nor is its practical effect clear. We wonder whether this new right will really benefit all artists, and therefore also artists in smaller niches and talent emerging locally.”