Today the Commission presented guidance for online platforms and national member states on how to tackle illegal content online.
MEP Marietje Schaake (D66/ALDE): “Unfortunately the good parts on enhancing transparency and accountability for the removal of illegal content are completely overshadowed by the parts that encourage automated measures by online platforms.”
No privatisation of the rule of law
Schaake: “Many EU Member States are urging big tech companies to take more proactive, automated measures to take content down. This is extremely dangerous. The Commission should be pushing back against trend, not embrace it. There can be no room for upload-filters or ex-ante censorship in the EU.”
Schaake has first-hand experience with unjustified content removals when YouTube took down a video of a debate between her and Commissioner Malmstrom.
Next step legislation?
Together with other MEPs, Schaake urged the Commission in 2013 and 2017 to give more guidance on the notice and action provisions of the E-commerce directive.
Schaake: “I am still convinced that a common European approach is needed if we want to keep a truly digital single market. However, any legal follow-up that does not put due process, freedom of speech, increased transparency and the core provisions of the e-commerce directive central, is unacceptable.”
EU as a global standard-setter
Schaake: “The world is watching. EU law cannot become a blueprint for repressive regime like China, Russia or Turkey. Notice and action procedures can and should be improved. But they cannot make companies the arbiters of limitations of our fundamental rights.”