Obligations Imposed on Online Content-Sharing Service Providers and Freedom of Expression and Information

Abstract

The subject of the commentary is related to the judgment of the CJEU of 26 April 2022 in case C-401/19 Republic of Poland v. European Parliament and Council of the European Union, in which the court addressed one of the more widely discussed regulations in the doctrine of copyright law in the European Union, namely the new liability rules for providers of online content sharing service providers. In essence, the issue concerns the relationship between intellectual property protection and Internet users’ right to freedom of expression and information. The CJEU upheld Article 17 of Directive 2019/790, emphasizing that it contains the necessary safeguards to maintain a fair balance between the right to freedom of expression of information of the users of online content-sharing services, and the right to intellectual property.