Interferencja mechanizmu systemu odpowiedzialności wprowadzonego dyrektywą 2019/790 na wolność wypowiedzi

Abstract

The Internet has fundamentally influenced all aspects of life – including culture, increasing access to such goods. This access has become faster, simpler and cost-free, including access from illegal sources, thus potentially violating the rights of creators. For years, public debate has raised the problem of the “copyright crisis”, which has been unable to meet the challenges of our information society. The EU’s response to increasing protection for creators is Directive 2019/790 on copyright and related rights in the Digital Single Market. Article 17 of this directive imposes an obligation on providers of online content sharing services to preventively control content posted by users – the so-called liability mechanism. This preventive control raises concerns about the potential violation of users’ right to freedom of expression. The article analyzes the mechanisms of the liability system, including the identification of subjective and objective aspects of the imposed obligations. This analysis was compiled with the standards of protection and restriction of freedom of expression in the conditions of the information society. The aim of the work is to assess whether the mechanism of the accountability system violates the essence of freedom of expression.