EU Censorship News

Eight major mobile carriers have agreed to share customer location data with the European Commission in a bid to track the spread of COVID-19.

The announcement arrives after Deutsche Telekom, Orange, Telefonica, Telecom Italia, Telenor, Telia, A1 Telekom Austria and Vodafone discussed tracking options with European Commissioner for Internal Market and Services Thierry Breton.

Government officials attempted to allay the fears of critics by noting all collected data will be anonymized and destroyed once the pandemic is squashed.

The Swedish data protection censor, Datainspektionen has fined Google 75 million Swedish kronor (7 million euro) for failure to comply with the censorship instructions.

According to the internet censor, which is affiliated with Sweden's Ministry of Justice, Google violated the terms of the right-to-be-forgotten rule, a EU-mandated regulation introduced in 2014 allowing individuals to request the removal of potentially harmful private information from popping up in internet searches and directories.

Datainspektionen says an internal audit has shown that Google has failed to properly remove two search results which were ordered to be delisted back in 2017, making either too narrow an interpretation of what content needed to be removed, or failing to remove a link to content without undue delay.

The watchdog has also slapped Google with a cease-and-desist order for its practice of notifying website owners of a delisting request, claiming that this practice defeats the purpose of link removal in the first place.

Google has promised to appeal the fine, with a spokesperson for the company saying that it disagrees with this decision on principle.

The European Union's controversial new copyright rules are on a collision course with EU data privacy rules. The GDPR guards data protection, privacy, and other fundamental rights in the handling of personal data. Such rights are likely to be affected by an automated decision-making system that's guaranteed to be used, and abused, under Article 17 to find and filter out unauthorized copyrighted material. Here we take a deep dive examining how the EU got here and why Member States should act now to embrace enforcement policies for the Copyright Directive that steer clear of automated filters that violate the GDPR by censoring and discriminating against users.

Platforms Become the New Copyright Police

Article 17 of the EU's Cop yright Directive (formerly Article 13) makes online services liable for user-uploaded content that infringes someone's copyright. To escape liability, online service operators have to show that they made best efforts to obtain rightsholders' authorization and ensure infringing content is not available on their platforms. Further, they must show they acted expeditiously to remove content and prevent its re-upload after being notified by rightsholders.

Prior to passage of the Copyright Directive, user rights advocates alerted lawmakers that operators would have to employ upload filters to keep infringing content off their platforms. They warned that then Article 13 will turn online services into copyright police with special license to scan and filter billions of users' social media posts and videos, audio clips, and photos for potential infringements.

While not everyone agreed about the features of the controversial overhaul of outdated copyright rules, there was little doubt that any automated system for catching and blocking copyright infringement would impact users, who would sometimes find their legitimate posts erroneously removed or blocked. Instead of unreservedly safeguarding user freedoms, the compromise worked out focuses on procedural safeguards to counter over-blocking. Although complaint and redress mechanisms are supposed to offer a quick fix, chances are that censored Europeans will have to join a long queue of fellow victims of algorithmic decision-making and await the chance to plead their case.

Can't See the Wood For the Trees: the GDPR

There's something awfully familiar about the idea of an automated black-box judgment system that weighs user-generated content and has a significant effect on the position of individuals. At recent EU copyright dialogue debates on technical and legal limits of copyright filters, EU data protection rules--which restrict the use of automated decision-making processes involving personal data--were not put on the agenda by the EU officials. Nor were academic experts on the GDPR who have raised this issue in the past (read this analysis by Sophie Stalla-Bourdillon or have a look at this year's CPDP panel on copyright filters ).

Under Article 22 of the GDPR , users have a right "not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her." Save for exceptions, which will be discussed below, this provision protects users from detrimental decisions made by algorithms, such as being turned down for an online loan by a service that uses software, not humans, to accept or reject applicants. In the language of the regulation, the word "solely" means a decision-making process that is totally automated and excludes any real human influence on the outcome.

The Copyright-Filter Test Personal Data

The GDPR generally applies if a provider is processing personal data, which is defined as any information relating to an identified or identifiable natural person ("data subject," Article 4(1) GDPR ). Virtually every post that Article 17 filters analyze will have come from a user who had to create an account with an online service before making their post. The required account registration data make it inevitable that Copyright Directive filters must respect the GDPR. Even anonymous posts will have metadata, such as IP addresses ( C-582/14, Breyer v Germany), which can be used to identify the poster. Anonymization is technically fraught, but even purportedly anonymization will not satisfy the GDPR if the content is connected with a user profile, such as a social media profile on Facebook or YouTube.

Defenders of copyright filters might counter that these filters do not evaluate metadata. Instead, they'll say that filters merely compare uploaded content with information provided by rightsholders. However, the Copyright Directive's algorithmic decision-making is about much more than content-matching. It is the decision whether a specific user is entitled to post a specific work. Whether the user's upload matches the information provided by rightsholders is just a step along the way. Filters might not always use personal data to determine whether to remove content, but the decision is always about what a specific individual can do. In other words: how can monitoring and removing peoples' uploads, which express views they seek to share, not involve a decision about based on that individual?

Moreover, the concept of "personal data" is very broad. The EU Court of Justice (Case C-434/16 Nowak v Data Protection Commissioner ) held that "personal data" covers any information "provided that it 'relates' to the data subject," whether through the content (a selfie uploaded on Facebook), through the purpose (a video is processed to evaluate a person's preferences), or through the effect (a person is treated differently due to the monitoring of their uploads). A copyright filter works by removing any content that matches materials from anyone claiming to be a rightsholder. The purpose of filtering is to decide whether a work will or won't be made public. The consequence of using filtering as a preventive measure is that users' works will be blocked in error, while other (luckier) users' works will not be blocked, meaning the filter creates a significant effect or even discriminates against some users.

Even more importantly, the Guidelines on automated decision-making developed by the WP29 , an official European data protection advisory body (now EDPB ) provide a user-focused interpretation of the requirements for automated individual decision-making. Article 22 applies to decisions based on any type of data. That means that Article 22 of the GDPR applies to algorithms that evaluate user-generated content that is uploaded to a platform.

Adverse Effects

Do copyright filters result in "legal" or "significant" effects as envisioned in the GDPR? The GDPR doesn't define these terms, but the guidelines endorsed by the European Data Protection Board enumerate some "legal effects," including denial of benefits and the cancellation of a contract.

The guidelines explain that even where a filter's judgment does not have legal impact, it still falls within the scope of Article 22 of the GDPR if the decision-making process has the potential to significantly affect the behaviour of the individual concerned, has a prolonged impact on the user, or leads to discrimination against the user. For example, having your work erroneously blocked could lead to adverse financial circumstances or denial of economic opportunities. The more intrusive a decision is and the more reasonable expectations are frustrated, the higher the likelihood for adverse effects.

Consider a takedown or block of an artistic video by a creator whose audience is waiting to see it (they may have backed the creator's crowdfunding campaign). This could result in harming the creator's freedom to conduct business, leading to financial loss. Now imagine a critical essay about political developments. Blocking this work is censorship that impairs the author's right of free expression. There are many more examples that show that adverse effects will often be unavoidable.

Legitimate Grounds for Automated Individual Decision-Making

There are three grounds under which automated decision-making may be allowed under the GDPR's Article 22(2). Users may be subjected to automated decision-making if one of three exceptions apply:

• it's necessary for entering into or performance of a contract,

• authorized by the EU or member state law, or

• based on the user's explicit consent.

Necessity

Copyright filters cannot justly be considered "necessary" under this rule . "Necessity" is narrowly construed in the data protection framework, and can't merely be something that is required under terms of service. Rather, a "necessity" defence for automated decision-making must be in line with the objectives of data protection law, and can't be used if there are more fair or less intrusive measures available. The mere participation in an online service does not give rise to this "necessity," and thus provides no serious justification for automated decision-making.

Authorization

Perhaps proponents of upload filters will argue that they will be authorized by the EU member state's law that implement the Copyright Directive. Whether this is what the directive requires has been ambiguous from the very beginning.

Copyright Directive rapporteur MEP Axel Voss insisted that the Copyright Directive would not require upload filters and dismissed claims to the contrary as mere scare-mongering by digital rights groups. Indeed, after months of negotiation between EU institutions, the final language version of the directive conspicuously avoided any explicit reference to filter technologies. Instead, Article 17 requires "preventive measures" to ensure the non-availability of copyright-protected content and makes clear that its application should not lead to any identification of individual users, nor to the processing of personal data, except where provided under the GDPR.

Even if the Copyright Directive does "authorize" the use of filters, Article 22(2)(b) of the GDPR says that regulatory authorization alone is not sufficient to justify automated decision-making. The authorizing law--the law that each EU Member State will make to implement the Copyright Directive--must include "suitable" measures to safeguard users' rights, freedoms, and legitimate interests. It is unclear whether Article 17 provides enough leeway for member states to meet these standards.

Consent

Without "necessity" or "authorization," the only remaining path for justifying copyright filters under the GDPR is explicit consent by users. For data processing based on automated decision-making, a high level of individual control is required. The GDPR demands that consent be freely given, specific, informed, and unambiguous. As take-it-or-leave-it situations are against the rationale of true consent, it must be assessed whether the decision-making is necessary for the offered service. And consent must be explicit, which means that the user must give an obvious express statement of consent. It seems likely that few users will be interested in consenting to onerous filtering processes.

Article 22 says that even if automated decision-making is justified by user consent or by contractual necessity, platforms must safeguard user rights and freedoms. Users always have the right to obtain "human intervention" from platforms, to express their opinion about the content removal, and to challenge the decision. The GDPR therefore requires platforms to be fully transparent about why and how users' work was taken down or blocked.

Conclusion: Copyright-Filters Must Respect Users' Privacy Rights

The significant negative effects on users subjected to automated decision-making, and the legal uncertainties about the situations in which copyright-filters are permitted, should best be addressed by a policy of legislative self-restraint. Whatever decision national lawmakers take, they should ensure safeguards for users' privacy, freedom of speech and other fundamental rights before any uploads are judged, blocked or removed.

If Member States adopt this line of reasoning and fulfill their legal obligations in the spirit of EU privacy rules, it could choke off any future for EU-mandated, fully-automated upload filters. This will set the groundwork for discussions about general monitoring and filtering obligations in the upcoming Digital Service Act.

(Many thanks to Rossana Ducato for the exchange of legal arguments, which inspired this article).

The European Commission has told its staff to start using Signal, an end-to-end-encrypted messaging app, in a push to increase the security of its communications.

The instruction appeared on internal messaging boards in early February, notifying employees that Signal has been selected as the recommended application for public instant messaging.

The app is favored by privacy activists because of its end-to-end encryption and open-source technology. Bart Preneel, cryptography expert at the University of Leuven explained:

It's like Facebook's WhatsApp and Apple's iMessage but it's based on an encryption protocol that's very innovative. Because it's open-source, you can check what's happening under the hood.

Promoting the app, however, could antagonize the law enforcement community. It will underline the hypocrisy of  Officials in Brussels, Washington and other capitals have been putting strong pressure on Facebook and Apple to allow government agencies to access to encrypted messages; if these agencies refuse, legal requirements could be introduced that force firms to do just that.

American, British and Australian officials have published an open letter to Facebook CEO Mark Zuckerberg in October, asking that he call off plans to encrypt the company's messaging service. Dutch Minister for Justice and Security Ferd Grappehaus told POLITICO last April that the EU needs to look into legislation allowing governments to access encrypted data.

French President Emmanuel Macron has added his voice to the thousands who have spoken out in defence of a schoolgirl forced into hiding after she criticised Islam.

According to the Guardian Macron, in defending the girl identified only as Mila, insisted that blasphemy:

Is no crime. The law is clear: we have the right to blaspheme, to criticise, to caricature religions ...what is outlawed is to incite hatred and attack dignity.

In this debate we have lost sight of the fact that Mila is an adolescent. We owe her protection at school, in her daily life, in her movements.

The President added that in finding a new school for Mila, the state has fulfilled its responsibilities and that children needed to be better protected against:

New forms of hatred and harassment online that can be destructive.

And as an example of how nasty things have become in France, Abdallah Zekri, general delegate of the French Council for the Muslim Faith (CFCM), told French radio:

This girl knows exactly what she has done ... they who sow, reap.

Legislation approved by the Siwss parliament in  December 2018 extends anti-racism hate speech laws to encompass discrimination on the grounds of sexual orientation.

However opponents of the law, the Federal Democratic Union (FDU) party, the youth wing of the Swiss People's Party and the Youth and Family Working Group -- gathered over 70,000 signatures. A minimum of 50,000 is required to force a referendum.

And that referendum is now set to take place on 9th December 2020. Needless to say it has split opinions in the country as to whether free speech or restricted speech should prevail.

Spiked offers a passionate speech for free speech: 

 

Offsite Comment: Switzerland must reject these new hate-speech laws

Criminalising homophobia will only make challenging homophobia more difficult.

See article from spiked-online.com   By Andrea Seaman

Update: Referendum result

11th February 2020. See article from pinknews.co.uk

Preliminary results have confirmed that voters have backed the hate speech law by a by a comfortable margin of 1,413,609 votes to 827,361.

Thanks to the adoption of a disastrous new Copyright Directive, the European Union is about to require its member states to pass laws requiring online service providers to ensure the unavailability of copyright-protected works. This will likely result in the use of copyright filters that automatically assess user-submitted audio, text, video and still images for potential infringement. The Directive does include certain safeguards to prevent the restriction of fundamental free expression rights, but national governments will need some way to evaluate whether the steps tech companies take to comply meet those standards. That evaluation must be both objective and balanced to protect the rights of users and copyright holders alike.

Quick background for those who missed this development: Last March, the European Parliament narrowly approved the new set of copyright rules , squeaking it through by a mere five votes (afterwards, ten MEPs admitted they'd been confused by the process and had pressed the wrong button).

By far the most controversial measure in the new rules was a mandate requiring online services to use preventive measures to block their users from posting text, photos, videos, or audio that have been claimed as copyrighted works by anyone in the world. In most cases, the only conceivable preventive measure that satisfies this requirement is an upload filter. Such a filter would likely fall afoul of the ban on general monitoring anchored in the 2000 E-Commerce Directive (which is currently under reform) and mirrored in Article 17 of the Copyright Directive.

There are grave problems with this mandate, most notably that it does not provide for penalties for fraudulently or negligently misrepresenting yourself as being the proprietor of a copyrighted work. Absent these kinds of deterrents, the Directive paves the way for the kinds of economic warfare , extortion and censorship against creators that these filters are routinely used for today.

But the problems with filters are not limited to abuse: Even when working as intended, filters pose a serious challenge for both artistic expression and the everyday discourse of Internet users, who use online services for a laundry list of everyday activities that are totally disconnected from the entertainment industry, such as dating, taking care of their health, staying in touch with their families, doing their jobs, getting an education, and participating in civic and political life.

The EU recognized the risk to free expression and other fundamental freedoms posed by a system of remorseless, blunt-edged automatic copyright filters, and they added language to the final draft of the Directive to balance the rights of creators with the rights of the public. Article 17(9) requires online service providers to create effective and expeditious complaint and redress mechanisms for users who have had their material removed or their access disabled.

Far more important than these after-the-fact remedies, though, are the provisions in Article 17(7), which requires that Member States shall ensure that users...are able to rely on limitations and exceptions to copyright, notably quotation, criticism, review and use for the purpose of caricature, parody or pastiche. These free expression protections have special status and will inform the high industry standards of professional diligence required for obtaining licenses and establishing preventive measures (Art 17(4)).

This is a seismic development in European copyright law. European states have historically operated tangled legal frameworks for copyright limitations and exceptions that diverged from country to country. The 2001 Information Society Directive didn't improve the situation: Rather than establishing a set of region-wide limitations and exceptions, the EU offered member states a menu of copyright exceptions and allowed each country to pick some, none, or all of these exceptions for their own laws.

With the passage of the new Copyright Directive, member states are now obliged to establish two broad categories of copyright exceptions: those quotation, criticism, review and caricature, parody or pastiche exceptions. To comply with the Directive, member states must protect those who make parodies or excerpt works for the purpose of review or criticism. Equally importantly, a parody that's legal in, say, France, must also be legal in Germany and Greece and Spain.

Under Article 17(7), users should be able to rely on these exceptions. The protective measures of the Directive--including copyright filters--should not stop users from posting material that doesn't infringe copyright, including works that are legal because they make use of these mandatory parody/criticism exceptions. For avoidance of doubt, Article 17(9) confirms that filters shall in no way affect legitimate uses, such as uses under exceptions or limitations provided for in Union law and Recital 70 calls on member states to ensure that their filter laws do not interfere with exceptions and limitations, in particular those that guarantee the freedom of expression of users.

As EU member states move to transpose the Directive by turning it into national laws, they will need to evaluate claims from tech companies who have developed their own internal filters (such as YouTube's Content ID filter) or who are hoping to sell filters to online services that will help them comply with the Directive's two requirements:

1. To block copyright infringement; and

2. To not block user-submitted materials that do not infringe copyright, including materials that take advantage of the mandatory exceptions in 17(7), as well as additional exceptions that each member state's laws have encoded under the Information Society Directive (for example, Dutch copyright law permits copying without permission for "scientific treatises," but does not include copying for "the demonstration or repair of equipment," which is permitted in Portugal and elsewhere).

Evaluating the performance of these filters will present a major technical challenge, but it's not an unprecedented one.

Law and regulation are no stranger to technical performance standards. Regulators routinely create standardized test suites to evaluate manufacturers' compliance with regulation, and these test suites are maintained and updated based on changes to rules and in response to industry conduct. (In)famously, EU regulators maintained a test suite for evaluating compliance with emissions standards for diesel vehicles, then had to undertake a top-to-bottom overhaul of these standards in the wake of widespread cheating by auto manufacturers.

Test suites are the standard way for evaluating and benchmarking technical systems, and they provide assurances to consumers that the systems they entrust will perform as advertised. Reviewers maintain standard suites for testing the performance of code libraries, computers and subcomponents (such as mass-storage devices and video-cards) and protocols and products, such as 3D graphics rendering programs.

We believe that the EU's guidance to member states on Article 17 implementations should include a recommendation to create and maintain test suites if member states decide to establish copyright filters. These suites should evaluate both the filters' ability to correctly identify infringing materials and non-infringing uses. The filters could also be tested for their ability to correctly identify works that may be freely shared, such as works in the public domain and works that are licensed under permissive regimes such as the Creative Commons licenses

EFF previously sketched out a suite to evaluate filters' ability to comply with US fair use . Though fair use and EU exceptions and limitations are very different concepts, this test suite does reveal some of the challenges of complying with Article 17's requirement the EU residents should be able to rely upon the parody and criticism exceptions it defines.

Notably, these exceptions require that the filter make determinations about the character of a work under consideration: to be able to distinguish excerpting a work to critique it (a protected use) versus excerpting a work to celebrate it (a potentially prohibited use).

For example, a creator might sample a musician's recording in order to criticize the musician's stance on the song's subject matter (one of the seminal music sampling cases turned on this very question ). This new sound file should pass through a filter, even if it detects a match with the original recording, after the filter determines that the creator of the new file intended to criticize the original artist, and that they sampled only those parts of the original recording as were necessary to make the critical point.

However, if another artist sampled the original recording for a composition that celebrated the original artist's musical talent, the filter should detect and block this use, as enthusiastic tribute is not among the limitations and exceptions permitted under the Infosoc Directive , nor those mandated by the Copyright Directive.

This is clearly a difficult programming challenge. Computers are very bad at divining intent and even worse at making subjective determinations about whether the intent was successfully conveyed in a finished work.

However, filters should not be approved for use unless they can meet this challenge. In the decades since the Acuff-Rose sampling decision came down in 1994, musicians around the world have treated its contours as a best practice in their own sampling. A large corpus of music has since emerged that fits this pattern. The musicians who created (and will create) music that hews to the standard--whose contours are markedly similar to those mandated in the criticism/parody language of Article 17--would have their fundamental expression rights as well as their rights to profit from their creative labors compromised if they had to queue up to argue their case through a human review process every time they attempted to upload their work.

Existing case-law among EU member states makes it clear that these kinds of subjective determinations are key to evaluating whether a work is entitled to make use of a limitation or exception in copyright law. For example, the landmark Germania 3 case demands that courts consider a balancing of relevant interests when determining whether a quotation is permissible.

Parody cases require even more subjective determination, with Dutch case law holding that a work can only qualify as a parody if it evokes an existing work, while being noticeably different, and constitutes an expression of humor or mockery. ( Deckmyn v. Vandersteen (C-201/13, 2014) ).

Article 17 was passed amidst an unprecedented controversy over the consequences for the fundamental right to free expression once electronic discourse was subjected to automated judgments handed down by automated systems. The changes made in the run-up to the final vote were intended to ensure a high level of protection for the fundamental rights of European Internet users.

The final Article 17 text offers two different assurances to European Internet users: first, the right to a mechanism for effective and expeditious complaint and redress, and second, Article 17(7) and (4)'s assurance that Europeans are able to rely on their right to undertake quotation, criticism, review and use for the purpose of caricature, parody or pastiche ... in accordance with high industry standards of professional diligence.

The Copyright Directive passed amid unprecedented controversy, and its final drafters promised that Article 17 had been redesigned to protect the innocent as well as punishing the guilty, this being the foundational premise of all fair systems of law. National governments have a duty to ensure that it's no harder to publish legal material than it is to remove illegal material. Streamlining the copyright enforcement system to allow anyone to block the publication of anything, forever, without evidence or oversight presents an obvious risk for those whose own work might be blocked through malice or carelessness, and it is not enough to send those people to argue their case before a tech company's copyright tribunal. If Europeans are to be able to rely upon copyright limitations and exceptions, then they should be assured that their work will be no harder to publish than any other's.

A Danish newspaper has rejected China's demand for an apology after it published a satirical cartoon of a Chinese flag with the five gold stars replaced by the deadly coronavirus.

China's embassy in Denmark called the Jyllands-Posten cartoon an insult to China. The paper and cartoonist Niels Bo Bojesen must publicly apologise to the Chinese people, it said.

Danes have jumped to the defence of Jyllands-Posten on Twitter, eg:

Danish Prime Minister Mette Frederiksen reminded China on Tuesday that we have freedom of expression in Denmark - also to draw.

Other Danish politicians stood by the paper's right to publish such a cartoon.

Germany was a major force behind the EU's disgraceful copyright directive passed last year. It is perhaps no surprise that proposed implementation into German law is even more extreme than the directive.

In particular the link tax has been drafted so that it is nearly impossible to refer to a press article without an impossibly expensive licence to use the newspaper's content.

The former Pirate Party MEP Julia Reda has picked out the main bad ideas on Twitter.

Under the German proposals, now up for public consultation, only single words or very short extracts of a press article can be quoted without a license. Specifically, free quotation is limited to:

• the headline
• a small-format preview image with a resolution of 128-by-128 pixels
• a sequence of sounds, images or videos with a duration of up to three seconds

Techdirt explains:

The proposal states that the new ancillary copyright does not apply to hyperlinks, or to private or non-commercial use of press publishers' materials by a single user. However, as we know from the tortured history of the Creative Commons non-commercial license, it is by no means clear what non-commercial means in practice.

Press publishers are quite likely to insist that posting memes on YouTube, Facebook or Twitter -- all undoubtedly commercial in nature -- is not allowed in general under the EU Copyright Directive.

We won't know until top EU courts rule on the details, which will take years. In the meantime, online services will doubtless prefer to err on the side of caution, keen to avoid the risk of heavy fines. It is likely they will configure their automated filters to block any use of press publishers' material that goes beyond the extremely restrictive limits listed above. Moreover, this will probably apply across the EU, not just in Germany, since setting up country-by-country upload filters is more expensive. Far easier to roll out the most restrictive rules across the whole region.

Universities and Science Minister Chris Skidmore has said that the UK will not implement the EU Copyright Directive after the country leaves the EU.

Several companies have criticised the disgraceful EU law, which would hold them accountable for not removing copyrighted content uploaded by users.

EU member states have until 7 June 2021 to implement the new reforms, but the UK will have left the EU by then.

It was Article 13 which prompted fears over the future of memes and GIFs - stills, animated or short video clips that go viral - since they mainly rely on copyrighted scenes from TV and film. Critics noted that Article 13 would make it nearly impossible to upload even the tiniest part of a copyrighted work to Facebook, YouTube, or any other site.

Other articles give the news industry total copyright control of news material that people have previously been widely used in people's blogs and posts commenting on the news.

Prime Minister Boris Johnson criticised the law in March, claiming that it was terrible for the internet.

Google had campaigned fiercely against the changes, arguing they would harm Europe's creative and digital industries and change the web as we know it. YouTube boss Susan Wojcicki had also warned that users in the EU could be cut off from the video platform.

The EU is a bizarre institution. It tries to resolve fairness issues, social ills and international competition rules, all by dreaming up reams of red tape without any consideration of where it will lead.

Well red tape ALWAYS works to the advantage of the largest players who have the scale and wealth to take the onerous and expensive rules in their stride. The smaller players end up being pushed out of the market.

And in the case of the internet the largest players are American (or more latterly Chinese) and indeed they have proven to best able to take advantage of European rules. And of course the smaller players are European and are indeed being pushed out of the market.

Axel Voss is one of the worst examples of European politicians dreaming up red tape that advantages the USA. His latest effort was to push through an upcoming European law that will require social media companies to pre-censor up loaded content for copyright infringement. Of course the only way this can be done practically is to have some mega artificial intelligence effort to try and automatically scan all content for video, text and audio that may be copyrighted. And guess who are the only companies in the world that have the technology to perform such a feat...well the US and Chinese internet giants of course.

Now out of supreme irony Voss himself has had a whinge about the American and Chinese domination of the internet.

In a long whinge about the lack of European presence in the internet industry he commented on Europe's dependence on US companies. If Google decides to switch off all its services tomorrow, I would like to know what will be left in Europe, said Voss, painting a gloomy picture in which there are no search engines, no browsers and no Google Maps.

.. Read the full article from euractiv.com

Irish Justice minister Charlie Flanagan has announced the commencement of the Blasphemy (Abolition of Offences and Related Matters) Act 2019 .

The act was passed by both Houses of the Oireachtas before the Christmas recess, and was signed by the President on 21st December. The Minister said:

This act abolishes the offence of blasphemy, and reflects the outcome of last year's referendum in which the people approved removing the Constitutional requirement that blasphemy be a criminal offence, by a majority in each of the 40 constituencies, and by 64.85% of voters nationally.

He said that the very notion of criminalising blasphemy, with the risk of a chilling effect on free expression and public debate, has no place in the Constitution or the laws of a modern republic. He said the right to express differing viewpoints in a forthright and critical manner is a right to be cherished and upheld. He added:

It may seem abstract to devote time to abolishing an offence which has not been prosecuted in practice. But it must be remembered that a number of countries still actively prosecute charges of blasphemy. Imprisonment

Those charges can carry severe penalties, including terms of imprisonment, brutal physical punishments, and even the death penalty. They have also been applied in a discriminatory manner to justify the persecution of dissidents, the socially excluded, or religious minorities.

Such countries justify those regimes by referring to the continuance of blasphemy as a criminal offence in Ireland. That has always been a very disturbing reality. This act not only addresses the situation, but ensures that Ireland should never again be cited as an exemplar of such outdated concepts. Public showing

The act also amends the Censorship of Films Acts, to remove blasphemous content as a ground for refusing or restricting the public showing, or advertising of, a film.

Ireland's Minister for Communications, Climate Action and Environment Richard Bruton T.D. has published the general scheme of the Online Safety and Media Regulation Bill, to protect children online. Bruton said:

This new law is the start of a new era of accountability. It sets out a clear expectation for online services. They will have to comply with binding online safety codes made by an Online Safety Commissioner, who will have significant powers to sanction companies for non-compliance.

There are already significant regulatory and legal frameworks in place in relation to many online issues, including data protection and criminal justice responses to criminal activities online. However, there is a serious gap both internationally and in Ireland when it comes to addressing harmful online content. This new law will close this legal gap and establish a robust regulatory framework to deal with the spread of harmful online content.

The Online Safety Commissioner will be part of a new Media Commission which will replace the Broadcasting Authority of Ireland and will also take on the role of regulating the audiovisual sector.

The new Online Safety Commissioner will be responsible for designating which online services should be covered under the new law. These designated services will then be required to comply with binding online safety codes made by the Commissioner.

Each Online Safety Code will set out the steps the designated service provide must take to keep their users safe online and will depend on the type of service that is being offered. Codes will address a wide range of matters, including:

• Combating cyber bullying material and material promoting eating disorders, self-harm and suicide

• Ensuring that services operate effective complaints procedures where people can request material is taken down

• Ensuring advertising, sponsorship and product placement are not harmful and uphold minimum standards

• How companies are mitigating against risks to the prevalence of harmful content on their platforms.

It is a matter for the Commissioner to design the relevant codes and decide which codes apply to each designated service. Online services will be legally obliged to abide by the codes that apply to them.

The Online Safety Commissioner can:

• Decide the appropriate reporting requirements of compliance with online safety codes by online services

• Request information from online services about their compliance with the online safety codes that apply to them

• Audit the complaints and/or issues handling mechanisms operated by online services

• Appoint authorised officers to assess compliance and carry out audits

• The Online Safety Commissioner will establish a scheme to receive "super complaints" about systemic issues with online services from nominated bodies, including expert NGOs, and may request information, investigate or audit an online service on the basis of information received through this scheme.

If an online service is not complying with their safety code, the Online Safety Commissioner will, in the first instance, issue a compliance notice setting out what they must do to bring themselves into compliance- including the removal or restoration of content.

If the Online Safety Commissioner is not satisfied with the response and action taken by the online service, the Online Safety Commissioner can issue a warning notice. Warning notices will set out what the online service must do to bring itself into compliance and what steps the Online Safety Commissioner will take if it fails to do so.

If the Online Safety Commissioner is not satisfied with the response and action taken by the online service on foot of a warning notice then the Online Safety Commissioner can seek to impose a sanction on that service.

The Online Safety Commissioner can publish compliance and warning notices.

The Media Commission can only seek to impose a sanction on an online service if the service has failed to comply with a warning notice. The sanctions that the Media Commission can impose include:

• Financial penalties,

• Compelling the online service to take certain actions, and,

• Blocking an offending online service.

The application of each of these sanctions requires court approval.

France is marking the fifth anniversary of a terrorist attack on the satirical magazine Charlie Hebdo with street ceremonies and social media tributes.

On 7 January 2015, militant Islamists shot dead 11 people in the magazine's Paris office, before murdering a policeman outside.

On Tuesday, former French President François Hollande, Paris Mayor Anne Hidalgo and Justice Minister Nicole Belloubet were among those to pay their respects to the victims outside Charlie Hebdo's former offices in the capital. Several tributes took place, including readings of commemorative plaques, wreath-laying and a minute's silence.

The weekly magazine, which published a special issue marking the anniversary with contributions from the victims' relatives, tweeted:

It was five years ago, it was a century ago, it was yesterday. We do not forget and we will always continue: to speak, to write, to draw.

Update: France plans centre dedicated to satirical cartoons

10th January 2020. See article from theartnewspaper.com

 France is planning to create a "house of press cartoons and satirical cartoons", according to a statement issued by the culture ministry. The French culture minister Franck Riester said the project was "conceived and wanted" by Georges Wolinski--one of five caricaturists killed in the 2015 attacks. The centre's aim is to create "a place for meetings" to enable the creation and promotion of satirical cartoons and support their creators.

The statement refers to press cartoons as "a witness of our time, our freedom and the dangers that threaten us" and "a powerful form of expression and creativity to the service of the independence of the media and therefore of the vitality of our democracies".

Riester has tasked Vincent Monadé, currently head of the Centre National du Livre (the National Centre of the Book), to present proposals for the venue by the end of May.

Offsite Comment: Je suis Charlie

12th January 2020. See article from spiked-online.com by Brendan O"Neill

Today is the fifth anniversary of the massacre at Charlie Hebdo. Five years since one of the darkest days in the modern history of the French Republic, when 10 journalists and cartoonists, as well as a maintenance worker and a police officer, were massacred by two Islamist gunmen for the crime of blaspheming against Muhammad.

 See article from spiked-online.com

German public broadcaster WDR 2 issued an apology for showing a video of a children's choir singing a humorous, traditional tune rewritten with satirical lyrics.

The song, titled My grandma is an old environmental pig, triggered heated reactions on Twitter. One user described the lyrics as disrespectful, whilst a WDR news editor said the remake of the traditional tune was scandalously good.

The lyrics, including verses about grandma riding a motorcycle that burns a thousand liters of gasoline every month and eating a cutlet every day because meat from the discount supermarket is so cheap, include the refrain, My grandma is an old environmental pig. The video ends with a quote from teenage climate activist Greta Thunberg: We will not let you get away with this.

In response to complaints the broadcaster deleted the video saying:

We are concerned by the allegation that the children involved may have been 'instrumentalized'. This is absolutely not the case, but we decided to delete the video.

But of course that was not the end of the matter. The decision to take down the video was widely criticised. In an open letter about 40 TV authors have expressed their solidarity with the makers of the video, demanded it be immediately reposted and accused the WDR director of falling into the trap set by right-wing trolls and abandoning his staff.

In fact the WDR editor's office also supported the producers of the video and sharply criticized the censorship saying:

We are stunned that the program director of WDR 2 has a video with a satirical children's song deleted, and above all about the fact that director Tom Buhrow gives in so easily to a shitstorm apparently orchestrated by right-wing extremists, hastily distances himself editorially and not only apologizes in person, but also publicly (and repeatedly) in the process, instead of backing them up in the face of staged outrage against WDR and the other public broadcasters. According to the editors' representatives, the internal freedom of broadcasting had thus been violated.

Norway Today has reported about the latest attempt by Chinese citizens to censor material in other countries It involves a delegation of more than 40 Chinese cross-country skiers, along with 15 coaches and managers, who are in the Norwegian municipality of Meråker to train for the Beijing 2022 Winter Olympics:

The Chinese visitors have whinged about books in the local library that are banned in China. Among the books the delegation wanted removed is one about the Falun Gong movement that has been banned in China since 1999.

Thankfully the library has refused categorically to remove any books. The library manager said:

We have freedom of speech in Norway so that was completely out of the question. It's only a small incident, easily overlooked. But if it can happen in a tiny local library in the depths of Norway, just because a few Chinese skiers were training there, it is highly likely to start happening in other places, where more Chinese citizens are present, and where China has greater economic and political influence.

French President Emmanuel Macron has said that he will legislate if necessary to get parental controls in place to block kids from porn. He said in a speech to UNESCO:

We do not take a 13-year-old boy to a sex-shop, not anything goes in the digital world.

We will clarify in the penal code that the simple fact of declaring one's age online is not a strong enough protection against access to pornography by minors.

The measure will give the websites a period of six months to set up parental control by default . I know it hurts a lot of platforms, a lot of digital operators, but if in six months we have no solution, we will pass a law for automatic parental control.

Macron's reference to age 13 is not casual, because that is reportedly the average age of access to erotic content for the first time in France.