Companies including Google and Facebook could face repressive legislation if they don't proactively remove illegal
content from their platforms that is deemed illegal. That's according to draft EU censorship rules due to be published at the end of the month, which will require internet service providers to significantly step up their actions to address the
In the current climate, creators and distributors are forced to play a giant game of whac-a-mole to limit the unlicensed spread of their content on the Internet.
The way the law stands today in the United States, EU, and most other developed countries, copyright holders must wait for content to appear online before sending targeted takedown notices to hosts, service providers, and online platforms.
After sending several billion of these notices, patience is wearing thin, so a new plan is beginning to emerge. Rather than taking down content after it appears, major entertainment industry groups would prefer companies to take proactive action.
The upload filters currently under discussion in Europe are a prime example but are already causing controversy .
The guidelines are reportedly non-binding but further legislation in this area isn't being ruled out for Spring 2018, if companies fail to address the EU's demands.
Interestingly, however, a Commission source told Reuters that any new legislation would not change the liability exemption for online platforms. Maintaining these so-called safe harbors is a priority for online giants such as Google and Facebook
203 anything less would almost certainly be a deal-breaker.
The guidelines, due to be published at the end of September, will also encourage online platforms to publish transparency reports. These should detail the volume of notices received and actions subsequently taken. The guidelines contain some
safeguards against excessive removal of content, such as giving its owners a right to contest such a decision.