Policy Observatory

On 16 October 2017, Politico leaked the response from the Legal Services of the Council of the European Union (CLS) to the questions raised by six member states about the legality of the upload filter proposal in the Article 13 of the Copyright Directive proposal. As the censorship filter is about restricting fundamental rights, it is regrettable that the questions did not mention the rules under which restrictions can be imposed, namely Article 52.1 of the Charter of Fundamental Rights of the European Union. This means that key issues were not addressed in the CLS response.