Deciphering Article 17 of the Digital Copyright Directive and its compatibility with freedom of expression and information following case C-401/19

Abstract

In the case of Republic of Poland v European Parliament and Council (C-401/19), the Court of Justice of the European Union confirmed the compatibility of Article 17 of the Digital Copyright Directive with the right to freedom of expression and information as set forth in Article 11 of the EU Charter of Fundamental Rights. The Court pointed out that Article 17 provides a new liability regime for platforms acting as online content sharing service providers and stressed that its application must be in compliance with fundamental rights. It is a ruling of high importance because it provides clarity in thorny issues that revolved around Article 17 and comes at an opportune time in the context of the transposition of the Directive into the national legal systems of the Member states.