Following the European privacy controller, it is now the turn of the European Audiovisual Observatory (at the Council of Europe) to intervene in the talks about reform of copyright with a report on video-sharing platforms published on Thursday 12 July.
The 170-page document looks as much at the legal framework applying for video-sharing platforms as it does self-regulatory initiatives introduced by the latter to tackle the value-gap, disinformation or hate speech.
Serious work, but it very clearly risks interfering in talks on the form of copyright after the rejection of the negotiating mandate by MEPs on 5 July (see EUROPE 12056). The report states in effect that the idea that video-sharing platforms need stricter regulation is beginning to be accepted. The report notes that some people say it is time to revise the relatively ‘benevolent’ responsibility regime established by the e-commerce directive. Much water has flowed under the bridge since its adoption in 2000. Developments in both technology and the markets have been so considerable that the above-mentioned distinction no longer seems to be really adopted to current and future challenges, explains the report, noting that passive platforms currently benefit from exemption from responsibility. The report also displays some ‘scepticism’ about automated identification methods for content aiming to prevent the reappearance of specific elements which have already been restricted. It stresses that intermediaries should measure incidents in great detail the effect that automated content management may have in terms of human rights, making controls by human beings if necessary, while taking account of the risk and impact of insufficient blocking or, on the contrary, excessive control due to inaccurate algorithm systems. The report can be found at: https://bit.ly/2LesGSk . (Original version in French by Sophie Petitjean)