Policy Observatory
The French authorities have used new powers to block five websites, which they claim condone terrorism, without a court order. Internet service providers have 24 hours to comply. The chairman of European Internet Service Provider OVH tweeted that his firm had not been given any warning. The new powers apply to sites suspected of commissioning or advocating terrorism or distributing indecent images of children.
Turkey has passed a new law that allows the government to close a website. The Internet Service Providers have to comply in just 4 hours. The judiciary is authorized to intervene only ex post.
Denmark was the first European country to force an ISP to block access to The Pirate Bay. Following this, a Danish Court has now ordered another round of pirate site blocks, the largest one thus far.
Following a complaint from the local Rights Alliance (RettighedsAlliancen) group the blocklist was updated with 12 popular torrent, streaming and MP3 download sites. Due to a recent agreement the sites will be blocked by all ISPs, even those not mentioned in the lawsuit. Late last year Rights Alliance and the telecommunications industry signed a Code of Conduct which ensures that blockades are put in place country-wide.
By now there have been at least 121 websites blocked by ISPs in the UK as a result of s.97A of the Copyright, Designs and PatentsAct 1988 and s.37(1) of the Senior Courts Act 1981. The blocks cover BitTorrent trackers; streaming sites; websites selling counterfeit products; and Popcorn Time sites. Music, film, sports matches, luxury goods and eBooks are protected. The burden on the ISPs is ever growing.
In addition to blocking the main sites which have been the subject of blocking injunction applications, ISPs are also required to block mirror and proxy versions of the sites, as and when they arise and are notified by rights holders
On September 9, 2015, the Ministry of Culture had a meeting with representatives of the Coalición de Creadores (an association publishing piracy studies) in order to study together with the industry what new copyright measures can be put in place.
More statistics and how the new Spanish Intellectual Property Law was implemented are available in Spanish here.
On 12 January 2017, the Danish Ministry of Justice presented a draft law on website blocking for public consultation. Despite the official focus on online extremism and radicalisation, the draft law takes a very broad view on website blocking. The proposed new section in the Administration of Justice Act provides that a website can be blocked if there is reason to assume that a violation of the Danish penal code takes place on the website. Any violation of the penal code, including a new very broad anti-harassment provision for public employees in Section 119a which goes considerably beyond insult and defamation, can be grounds for blocking.