
European ISPs push rightsholders to pay for overblocking damages
European ISPs are urging EU regulators to make copyright owners financially liable for wrongful blocks of lawful content, citing the Copyright Directive and net‑neutrality concerns.
European ISPs are demanding that copyright owners be held financially liable for damages caused by overblocking – the practice of blocking lawful content after automated copyright claims. The request cites the EU Copyright Directive, which obliges ISPs to act against infringing material but leaves responsibility for erroneous blocks ambiguous [TorrentFreak].
The ISPs argue that the rise of automated filtering tools has increased the frequency of wrongful blocks, harming publishers and advertisers. They propose that rightsholders compensate affected parties for lost revenue and reputational harm, and that regulators clarify the Directive to assign clear liability.
The proposal seeks to shift the current burden, which primarily falls on ISPs, toward content owners. It also pressures rightsholders to improve the accuracy of their takedown requests and to provide transparent dispute‑resolution mechanisms. By targeting undue restriction of lawful traffic, the move aligns with net‑neutrality principles.
Stakeholders – ISPs, copyright owners, and EU regulators – will need to negotiate the precise legal framework. The outcome could set a precedent for how digital copyright enforcement balances protection with open access across the EU [TorrentFreak].
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