Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council

Author: João Pedro Quintais (Institute for Information Law (IViR))
Published: 26.04.2022
Photo by Markus Spiske on Unsplash This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized in Article 11 of the Charter; in the alternative, should these provisions not be severable from Article 17 as a whole, the Republic of Poland asked the Court to annul Article 17 in its entirety. The lead up to…