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EU Court of Justice agrees with Google, Meta and TikTok in charges against illegal content on the Internet

  • November 9, 2023
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He Court of Justice of the European Union supported the accusations made Google, Meta platforms And TIK Takeverything is installed in Irelandbefore the adoption of the law that

He Court of Justice of the European Union supported the accusations made Google, Meta platforms And TIK Takeverything is installed in Irelandbefore the adoption of the law that introduced Austria in 2021 and obliges national and foreign communication platform providers to create mechanisms for declaration and verification of content Potentially illegal Internet services.

This is indicated by the body in the form judgment in which he states that this “national approach is contrary to EU legislation”which guarantees the free circulation of information society services through the principle of control in the Member State of origin of the service concerned.

Austrian legislation also establishes Periodic and transparent publication of complaints about illegal content and allows you to impose fines from to 10 million euros anyone who doesn’t follow the rules.

In this context, Google, Meta Platforms and TikTok argued that the Austrian law was contrary to the EU Information Society Services Directive.

Photo: Reuters

The CJEU recalled that the purpose of the above rules is to create legal framework guaranteeing the free circulation of information society services between member states.

“The Directive removes the legal obstacles posed by the different national regimes applicable to these services through the principle of control in the Member State of origin,” it added.

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However, he explained that in some specific cases, Member States other than the Member State of origin of the service in question may take measures to “to ensure public order, public health, public safety, or consumer protection”.

These exceptions must be notified to the European Commission and to the Member State of origin, the CJEU added in its ruling.

“However, Member States other than the Member State of origin of the service in question, They cannot take measures of a general and abstract nature. applies indiscriminately to any provider of any category of information society services,” he said.

Photo: Reuters

The ruling states that the possibility of these Member States accepting these “general and abstract” obligations will call into question the principle of control in the Member State of origin of the service in questionthe principle on which the European Directive is based.

“If the destination state (in this case Austria) were authorized to take such measures, it would be usurpation of regulatory jurisdiction Member State of origin (in this case Ireland),” the document clarifies.

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Therefore consider that Such a situation would “undermine mutual trust” between member states.would “violate” the principle of mutual recognition and the affected platforms would be subject to other legislation which would also violate the free provision of services and therefore goodwill. functioning of the internal market.

(Europe Press)

Source: Aristegui Noticias

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