The European Parliament has just voted on the controversial Copyright Directive, approving upload filters for all but the smallest websites, and requiring anybody using the title of a news article while linking to it to get a license.
Adopted with 438 votes in favor, 226 against and 39 abstentions, the directive has been described by Dutch Democrats 66 MEP Marietje Schaake as the 'worst possible outcome'.
While much of the content is comparatively uncontroversial, two articles have caused outrage.
Article 11 of the draft directive required any website linking to a third-party site and using a snippet to pay for a license to provide the link. This has been adopted more or less in full.
Meanwhile, the original version of Article 13 would have forced any site which allows users to post material to check it all against a database of copyrighted works - deploy an upload filter, in other words.
The approved version of the directive doesn't impose this across the board: only platforms hosting and promoting 'significant' quantities of uploads will be forced to comply, with small sites exempted.
"The truth is, news articles are already protected by copyright. If platforms use them without paying, they are already breaking the law. Adding an extra layer of protection won't change that," German Pirate Party MEP Julia Reda told Parliament during the debate.
"Our alternative proposal will allow publishers to enforce that law without limiting the freedom to link. The link tax, on the other hand, has been tried and failed before. Simply wishing it will work this time around is not a solution."
The European Commission, however, claims that the directive clarifies the rules and will mean that content creators are more fairly paid for their work.
"Our aim for this reform is to bring tangible benefits for EU citizens, researchers, educators, writers, artists, press and cultural heritage institutions and to open up the potential for more creativity and content by clarifying the rules and making them fit for the digital world," say vice-president for the digital single market Andrus Ansip and commissioner for digital economy and society Mariya Gabriel in a joint statement.
"At the same time, we aim to safeguard free speech and ensure that online platforms – including 7,000 European online platforms – can develop new and innovative offers and business models."
The directive still requires a vote in the European Parliament in January, but is highly likely to be passed. Individual EU nations will then be able to incorporate the directive into national law. This in itself will cause confusion, as each country is likely to implement it in a different way and at a different time.
Meanwhile, upload filters are about to get another outing. In a separate proposal released today, the European Commission calls for hosting providers to be required to remove terrorist material within an hour.
"You have a website with a comment section that’s reachable in the EU? Congratulations, the EU Commission proposes you have to be available 24/7 to remove terrorist content," comments Reda on Twitter.
