On 26 April 2022, the ECJ ruled in Case C-401/19 that the disputed Art. 17(4)(b) and Art. 17(4)(c) last sentence of Directive (EU) 2019/790. c, last sentence, of Directive (EU) 2019/790, which regulates the use of so-called upload filters and which Poland sought to have annulled, does not violate the right to freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights of the EU.
The Court pointed out in its decision that Internet platform providers must prove that they meet all the conditions for exemption provided for in Article 17(4) in order not to be held liable for uploads of unlawful content by users for which they do not have the permission of the right holders. Read more