Thanks to Communia, we have the AG opinion.
This comes from a set of tweets by Communia:
“The Advocate General opinion in case C-401/19, the Polish request to annul #Article17 is out. The AG does not recommend to annul #Article17. Instead, implementations must contain safeguards that ensure that only manifestly illegal uploads get blocked. What does this mean?”
“If the Court follows the AG’s recommendation, #Article17 would stay, but Member States will have to make sure that legal uploads are protected from automated filters. Filtering would only be allowed for ‘manifestly infringing’ uploads.”
“Where uploads are not manifestly infringing the content concerned should not be the subject of a preventive blocking measure and rightholders will have to request the removal or blocking of the content in question by means of substantiated notifications.”
“Most (if not all) national implementation that we have seen so far clearly fail to meet this standard and if the CJEU follows the AG they will need to co back to the drawing board (or face legal challenges).”
“The AG opinion also validates the most important underlying principles of the Article 17 guidance that the commission issued last month.
There will be more details in the full opinion and we will be back with a more through analysis later today.”