Creatives and news publishers will be empowered to negotiate with internet giants thanks to new copyright rules which also contain safeguards on freedom of expression.
MEPs adopted the directive in plenary by 348 votes in favour, 274 against and 36 abstentions. This marks the end of the legislative process for the European Parliament that began in 2016. It will now be down to member states to approve Parliament’s decision in the coming weeks. If the member states accept the text adopted by the European Parliament, it will take effect after publication in the official journal and then member states will have 2 years to implement it.
The directive aims to ensure that the longstanding rights and obligations of copyright law also apply to the internet. YouTube, Facebook and Google News are some of the internet household names that will be most directly affected by this legislation.
The directive also strives to ensure that the internet remains a space for freedom of expression.
Tech giants to share revenue with artists and journalists
The directive aims to enhance rights holders’ chances, notably musicians, performers and script authors, (creatives) as well as news publishers, to negotiate better remuneration deals for the use of their works when these feature on internet platforms. It does this by making internet platforms directly liable for content uploaded to their site and by automatically giving the right to news publishers to negotiate deals on behalf of its journalists for news stories used by news aggregators.
Locking in freedom of expression
Numerous provisions are specifically designed to
ensure the internet remains a space for freedom of expression.
As sharing snippets of news articles is specifically excluded from the scope of the directive, it can continue exactly as before. However, the directive also contains provisions to avoid news aggregators abusing this. The ‘snippet’ can therefore continue to appear in a Google News newsfeeds, for example, or when an article is shared on Facebook, provided it is “very short”.
Uploading protected works for quotation, criticism, review, caricature, parody or pastiche has been protected even more than it was before, ensuring that memes and Gifs will continue to be available and shareable on online platforms.
Many online platforms will not be affected
The text also specifies that uploading works to online encyclopedias in a non-commercial way, such as Wikipedia, or open source software platforms, such as GitHub, will automatically be excluded from the scope of this directive. Start-up platforms will be subject to lighter obligations than more established ones.
Stronger negotiating rights for authors and performers
Authors and performers will be able to claim additional remuneration from the distributor exploiting their rights when the remuneration originally agreed is disproportionately low when compared to the benefits derived by the distributer.
Helping cutting edge research and preserving heritage
The directive aims to make it easier for copyrighted
material to be used freely through text and data mining, thereby removing a
significant competitive disadvantage that European researchers currently face.
It also stipulates that copyright restrictions will not apply to content used
for teaching or illustration.
Finally, the directive also allows copyrighted material to be used free-of-charge to preserve cultural heritage. Out-of-commerce works can be used where no collective management organisation exists that can issue a license.
How this directive changes the status quo
Currently, internet companies have little incentive to sign fair licensing agreements with rights holders, because they are not considered liable for the content that their users upload. They are only obliged to remove infringing content when a rights holder asks them to do so. However, this is cumbersome for rights holders and does not guarantee them a fair revenue. Making internet companies liable will enhance rights holders’ chances (notably musicians, performers and script authors, as well as news publishers and journalists) to secure fair licensing agreements, thereby obtaining fairer remuneration for the use of their works exploited digitally.
Quote from the rapporteur, Axel Voss (EPP, DE)
“This directive is an important step towards
correcting a situation which has allowed a few companies to earn huge sums of
money without properly remunerating the thousands of creatives and journalists
whose work they depend on.
At the same time, the adopted text contains numerous provisions that will guarantee that the internet remains a space for free expression. These provisions were not in themselves necessary, because the directive will not be creating any new rights for rights holders. Yet we listened to the concerns raised and chose to doubly guarantee the freedom of expression. The ‘meme’, the ‘gif’, the ‘snippet’ are now protected more than ever before.
I am also glad that the text agreed today shelters start-ups in particular. Tomorrow’s leading companies are the start-ups of today and diversity depends on a deep pool of innovative, dynamic, young companies.
This is a directive which protects people’s living, safeguards democracy by defending a diverse media landscape, entrenches freedom of expression, and encourages start-ups and technological development. It helps make the internet ready for the future, a space which benefits everyone, not only a powerful few.”
In Afghanistan, women take their lives out of desperation
The situation for women is so desperate in Afghanistan that they are committing suicide at a rate of one or two every day, the Human Rights Council has heard.
It comes as the top UN rights forum in Geneva agreed to Member States’ request for a rare Urgent Debate on the issue this Friday.
Addressing the Council, Fawzia Koofi, former deputy speaker of the Afghan Parliament, said lack of opportunity and ailing mental health, was taking a terrible toll: “Every day there is at least one or two women who commit suicide for the lack of opportunity, for the mental health, for the pressure they receive.
“The fact that girls as young as nine years old are being sold, not only because of economic pressure, but because of the fact that there is no hope for them, for their family, it is not normal.”
Bachelet highlights ‘progressive exclusion’
Echoing widespread international concern for ordinary Afghans, UN human rights chief Michelle Bachelet condemned the massive unemployment of women, the restrictions placed on the way they dress, and their access on basic services.
Women-owned and operated businesses have been shut down, Ms. Bachelet added, saying that 1.2 million girls no longer have access to secondary education, in line with a decision by the de facto authorities who took power in August 2021.
“The de facto authorities I met with during my visit in March this year, said they would honour their human rights obligations as far as [being] in line with Sharia law.
“Yet despite these assurances, we are witnessing the progressive exclusion of women and girls from the public sphere and their institutionalised, systematic oppression”.
Ms. Bachelet encouraged the re-establishment of an independent mechanism to receive complaints from the public and protect victims of gender-based violence.
“Beyond being right, it is also a matter of practical necessity”, said the High Commissioner. “Amid the economic crisis, women’s contribution to economic activity is indispensable, which itself requires access to education, and freedom of movement and from violence”.
Women made ‘invisible’
Also speaking at the Human Rights Council, its Special Rapporteur for Human Rights in Afghanistan, Richard Bennett, described a chilling attempt by the Taliban to make women “invisible, by excluding them almost entirely from society”.]
As an example of the de facto authorities’ intentions to impose “absolute gender discrimination”, the independent rights expert also noted that women are now represented by men at Kabul’s Loya Jirga, or grand assembly of religious scholars and elders.
Such measures contravene Afghanistan’s obligations under numerous human rights treaties to which it is a State party, Mr. Bennett insisted before adding that the situation for women “massively diminish(ed) women’s lives, deliberately attack women and girls’ autonomy, freedom and dignity, and create a culture of impunity for domestic violence, child marriage and sale and trafficking of girls, to name but a few of the consequences”.
Despite public assurances from the Taliban to respect women and girls’ rights, they are reinstituting step by step the discrimination against women and girls. Said Ms. Koofi, a former member of the peace negotiation team with the Taliban said that the fundamentalists “obviously have not kept their promises of what they were telling us during the negotiations, in terms of their respect for Islamic rights for women”.
Ms. Koofi added that “in fact, what they do is in contradiction to Islam. Our beautiful religion starts with reading. But today, Taliban under the name of the same religion, deprive 55 percent of the society from going to school”.
For Nasir Andisha, Ambassador and Permanent Representative of Afghanistan to the UN in Geneva, “the situation of women and girls in Afghanistan demands nothing less than a robust monitoring mechanism to collect, consolidate, and analyse evidence of violations, to document and verify information, to identify those responsible to promote accountability and remedies for victims, and to make recommendations for effective prevention for future violations”.
A draft resolution on the situation of women and girls in Afghanistan is being negotiated at the Human Rights Council and will be considered on 7 July.
Safer roads, a global development challenge for all
Every 24 seconds someone is killed in traffic, making safety on the world’s roads a global development challenge for all societies, especially for the most vulnerable, a senior UN official has said, ahead of the first ever High-level General Assembly Meeting on Improving Road Safety.
Nneka Henry, who heads the United Nations Road Safety Fund (UNRSF) Secretariat, noted that 500 children die in crashes every day, and that of the older population, women are 17 times more likely to be killed during a car crash than men, even when wearing seatbelts.
Challenge for all
Despite these statistics, road safety is not just a challenge for women or for young people. It is “for each and every one of us who walk, ride, cycle or drive on our roads,” Ms. Henry told Diedra Sealey, a young diplomat in the President of the General Assembly’s HOPE Fellowship programme.
The interview took place ahead of the High-level Meeting of the General Assembly on Improving Road Safety, which gets underway at UN Headquarters in New York on Thursday and Friday, organized by the President of the General Assembly, Abdulla Shahid, and the World Health Organization (WHO).
Coinciding with the meeting, is the UN Road Safety Fund pledging conference. The Fund was established in 2018 with a vision to “to build a world where roads are safe for every road user, everywhere.” It specially finances projects in low- and middle- income countries, where some 93 per cent of road deaths and injuries take place.
“I am here in New York to remind all 193 Member States of their commitment to the Fund’s mandate and success,” Ms. Henry said.
Those successes include the announcement that as of 1 July, all vehicles imported in East Africa need to be below the Euro 4/IV emission standard and no more than eight years old.
The Fund has been working with the Economic Community of West African States’ 15 members, to harmonize vehicle standard resolutions.
“This will have major air quality and road safety benefits,” Ms. Henry said about the latest announcement.
Some of the other achievements by the Fund include legislation in Azerbaijan to help emergency post-crash response, help to increase enforcement of the speed limits and other road traffic rules in Brazil and Jordan, as well as improving data collection in Cote d’Ivoire and Senegal, and training urban planners on making safer school zones in Paraguay.
Vision for the future
As part of the High-level meeting this week, UN Member States will adopt a political declaration, to lay out a “vision for the future of mobility as one that promotes health and well-being, protects the environment, and benefits all people,” according to a press release.
The interconnected targets are part of the Sustainable Development Goals (SDGs) that show how road safety is also integrated into the SDGs, from allowing safer access to education, to allowing people access to groceries and reducing carbon emissions into the atmosphere.
Halving traffic deaths and injuries by 2030 is a target under the third SDG, on good health and well-being.
Rise of disinformation a symptom of ‘global diseases’ undermining public trust
Societies everywhere are beset by “global diseases” including systemic inequality which have helped fuel a rise in disinformation, or the deliberate spreading of falsehoods, said the UN human rights chief on Tuesday, addressing the Human Rights Council in Geneva.
Michelle Bachelet said the restoration of public trust was essential, as disinformation should really be seen as a symptom of diseases such as systemic inequality, which has seen “deep-seated discrimination” flourish, along with fragile institutions, a loss of trust in effective governance, and “limited rule of law”.
She said those countries impacted by inequality were now threatened with instability and frayed co-existence within society.
Flourishing amid discontent
“Disinformation spreads when people feel that their voices are not heard. It arises in contexts where political disenchantment, economic disparity or social unrest flourish”, she said.
“It flourishes when civil society, journalists, human rights defenders and scientists cannot work, assemble and speak freely. When civic space is limited or closed. When the human rights to freedom of expression and access to information are threatened.”
It can be fuelled by governments and public officials, potentially leading to hate crimes and violence.
But she warned governments against trying to “officially ordain what is false, and what is true, and then attach legal consequences to those determinations. Our human right to access and impart information, is not limited to only what is deemed by the State as ‘accurate’”.
She called for a focus on “assessing how communications are being revolutionized by technology and on unpacking who is responsible for what.
“We need to look at how best to contain the harms caused by disinformation, while addressing the underlying causes that give disinformation life and allow it to gain traction.”
She said the sheer speed and volume of information circulating online, meant that it could be easily manipulated, with campaigns using automatic tools, rapidly creating a “false impressions of broad popular support for or against certain ideas, or be used to counter and marginalise dissident voices and ideas.”
Organized disinformation campaigns are also being used to silence rights defenders, journalists, and minority voices, “and as a result of repeated attacks, women, minority communities and others can be deterred from participating in the public sphere.”
The international response has to be consistent with universal rights obligations, she warned.
“When we debate the best ways to respond, we need to understand that censorship is not only an ineffective medicine – it can actually harm the patient.” Freedom of expression and the right to access information are essential, she underscored.
“I therefore call on States to uphold their international obligation to promote and protect these rights, whatever the social ill they seek to mitigate. Maintaining a vibrant and pluralistic civic space will be crucial in this endeavour.”
She called for policies which support independent journalism, pluralism in media, and digital literacy, which can help citizens “navigate” the online world and boost critical thinking.
“States must also ensure wide and free access to information so that it reaches all communities and constituencies…Trust can never be achieved without genuine government transparency.”
Social media regulation ‘insufficient’
The human rights chief said that social media businesses have transformed the way information circulates, “and they have a clear role to play.”
“To start with, we must understand better how they affect our national and global debates. While platforms have taken welcome steps to enhance their own transparency, and redress channels, progress remains insufficient.
She called for independent auditing of social media companies’ services and operations, and more clarity on the way advertising and personal data is being handled.
“And we need access for researchers and others to the data within companies, that can help us better understand and address disinformation.”
Ms. Bachelet told the Human Rights Council that there are two “critical needs” in the battle against rising disinformation.
“First, we need to deepen our understanding and knowledge: we need more research on how the digital sphere has transformed media and information flows; on how best to build public trust within this environment; and on how different actors can contribute to countering disinformation operations.”
Secondly, she said all discussions had to be framed within human rights norms. “Shortcuts do not work here: censorship and broad content take-downs are an ineffective and dangerous response.”
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