On Might 15, when the media headlines targeted on remembering and valuing the 10th anniversary of the 15M motion, the hacktivist, lawyer and authorized officer of the Platform in Protection of Freedom of Data (PDLI), launched a tweet during which he acknowledged that
“If somebody desires to start out heating the community for one more 15M, learn the Copyright Directive that the Authorities desires to implement by royal decree.”
Now, the Authorities is about to reform the Mental Property Legislation transposing the controversial EU Directive on Copyright. And, in keeping with Almeida’s criticism, this reform will probably be carried out “imminently and by Royal Decree Legislation.”
An urgency sought by the Authorities
The Ministry of Tradition has till June 7 to transpose the aforementioned directive earlier than a delay within the course of causes a tremendous to Spain by the neighborhood establishments.
The transposition might have been carried out via odd parliamentary procedures and with time to spare for an open debate on the out there choices, since Minister Rodríguez Uribes has been in workplace for a yr and a half.
Nonetheless, in keeping with David González of RedDePeriodistas, he most popular not undertake a significant reform that bears his identify (as occurred years in the past with González Sinde) and guess that the parliamentary urgency would permit a fast approval and devoid of media noise.
All this, although in February it explicitly acknowledged that it anticipated the reform to ascertain “clear guidelines of the sport” as a result of “This then must be taken to Parliament [y ya] we’ll see what the parliamentary teams say “.
There are solely two choices left to approve the reform, in each instances by ‘decree’: the councils of ministers of tomorrow Might 27 and subsequent week, June 2.
An open window for Google Information
And once more, in keeping with González, one of many adjustments that the brand new articles of copyright legislation would entail it will undergo erasing the ‘inalienability’ of copyright from the media which on the time supported the creation of the Canon AEDE… and which induced the sudden closure of Google Information.
This transformation would come exactly at a time when Google has reactivated its Google Newscase initiative in Spain and commenced to signal particular person agreements with media teams (such because the Editorial Unit), leaving apart the rights administration firm CEDRO, which might move from collector and obligatory interlocutor relying on the belief of the media.
These agreements, in addition to the foreseeable – and now legally attainable – waiver of rights by different means would permit Google Information to reopen its service in our nation.
A legitimation of personal censorship
The PDLI highlights each the scope and the consequences that the brand new regulation could have, as it should have an effect on each the media and the cultural trade in addition to the publication of content material on social networks by any citizen.
Almeida denounces the worry of how the specific reform of the legislation might transpose essentially the most controversial side of the European directive: its article 17 (the notorious ‘article 13’ of the primary model of the directive) that held the content material platforms answerable for monitoring what customers add to them to test in the event that they have been violating copyright.
Thus, every service was obliged to create a system equal to YouTube’s Content material ID that might permit them to detect such violations. Now, I might dbe chosen in these automated programs earlier than a decide dominated on the origin of withdrawing or not a sure content material.
In Almeida’s phrases, with this rule
“Personal censorship is being imposed by the platforms [a la libertad de expresión y de información e Internet]”.” This ‘Uribe Legislation’ goes to impose the management of contents by robots (computerized filters) with out guaranteeing human evaluation or judicial management. “
“And this can’t be finished with out transparency and with out a parliamentary debate,” concludes Almeida, since that “brings us nearer to Belarus than to an EU rule of legislation.”