Home > Legal Updates > The Court of Justice confirms the compatibility of Article 17 of the DSM Directive, which de facto requires platforms to filter online content, with freedom of expression and information

The Court of Justice confirms the compatibility of Article 17 of the DSM Directive, which de facto requires platforms to filter online content, with freedom of expression and information

On 26 April 2022, the Court of Justice confirmed the compatibility of Article 17 of Directive 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) with freedom of expression and information by dismissing the action for annulment brought by Poland (case C-401/19).

As a reminder, Article 17(1) of the DSM Directive provides that online content-sharing service providers such as YouTube perform an “act of communication to the public” within the meaning of Article 3(1) of Directive 2001/29 when they provide access to copyright-protected works uploaded by their users. As a result, they must obtain an authorisation from the rightsholders for that purpose, for instance by concluding a licensing agreement. Read more…