The regulation on preventing online dissemination of terrorist content, as
well as a general restructuring of the intermediary protection rules, will
be two hot topics for the next European Commission and Parliament after the
elections. Copyright is a wrap and it is now up to the Member States to
This and previous reports on Meta:
On April 17th, after 8 months since the European Commission first presented
its version of the “Regulation on Preventing the Dissemination of Terrorist
Content Online” (TERREG), the Civil Liberties (LIBE) committee report was
adopted by the European Parliament.  Let’s recap: the EC planned an
overhaul of free speech under blurry definitions and unproportionate
measures. Two Parliamentary Committees - Internal Market (IMCO) and Culture
(CULT) - presented much better versions of the regulation. The lead LIBE,
at first, presented a version retracting the positive thinking. Then,
thanks to the work of some of the shadow rapporteurs and civil society
input, the the final report offered some mitigation.
The parliamentary vote  means that the rapporteur is going to the
trilogues with a text that does not include referrals, has no proactive
measures (at least not mandated by law) and provides for some judicial
oversight on removal orders. Content mentioned in an order, however, will
need to be removed within 1 hour of receiving it. An attempt to change it
failed by 3 votes in the plenary.
Next stage, the Trilogues, are expected to happen in the Fall. It can also
be expected that the European Commission will want to bring back the
referrals and proactive measures into the final text. So our work with that
file is far from done.
Two weeks ago the Council gave the final “green light” for the Copyright in
the Digital Single Market Directive.  In the end Italy, Luxembourg,
Poland, the Netherlands, Sweden and Finland voted against, while Belgium,
Estonia and Slovenia abstained (which has the same effect as voting
against). Still, the necessary double majority was reached.
The final text  will soon be published in the Official Journal of the EU
and from that date on Member States will have 24 months to transpose it
into national law. The European Commission has stated that they would like
to work on non-binding best practice implementation guidelines for Article
17 (formerly Article 13, the one with upload filters). We expect most
Member States to participate and make use of them. Procedure and timeline
are still to be announced. In the meanwhile, it looks like France is keen
on transposing the Directive without additional delays. The Estonian
government has asked stakeholders about their views on implementation. Did
you hear about your government doing something in this regard already?
Please let us know!
E-Commerce Directive Reform
We may consider it as certain that the next European Commission will
propose a reform of the E-Commerce Directive, most likely turning it into a
Regulation. This means that intermediary liability will be directly
discussed and redrawn during the next legislative term. So upload filters,
deletions, stay-downs are going to be a central topic. We need to have a
positive vision for what a regime change may look like in order to be a
serious stakeholder in the debates. If you would like to join a working
group this, please let us know!
BIG FAT BRUSSELS MEETING
The Big Fat Brussels Meeting will be on 1-2 June, the weekend after the EP
elections. We will be setting up our transposition work and will be making
plans of how to reach out the newly elected MEPs. If you want to attend,
but can’t afford the travel, please let us know!