Filtered Futures Conference: Exploring the Fundamental Rights Constraints of Automated Filtering After the CJEU Ruling on Article 17

Author: Felix Reda (GFF (Society for Civil Rights)) and Paul Keller (Institute for Information Law (IViR))
Published: 17.06.2022
The judgement of the European Court of Justice in case C-401/19 has hardly laid to rest the debates over the use of upload filters in automated copyright enforcement. On the contrary, by declaring Article 17 of the Directive on Copyright in the Digital Single Market compatible with the Charter, while requiring Member States to ensure that filtering obligations on platforms remain limited to the use of filtering systems that leave legal uses unaffected, the Court has rekindled the academic debate over the correct approach to national implementation of the provision. To support the dialogue on a fundamental rights-preserving application of…