Poland has challenged the European Directive on Copyright in the Digital Single Market at the EU’s Court of Justice, on the grounds that the snippet tax required by Article 15 amounts to censorship.
Deputy Foreign Minister Konrad Szymanski told the press: “This system may result in adopting regulations that are analogous to preventive censorship, which is forbidden not only in the Polish constitution but also in the EU treaties.”
Article 15 requires search engines to pay publishers when displaying snippets of text in search results. Advocates for the provision have argued that it protects the interests European creators, who can now receive payment when their works are first displayed online.
However, free speech advocates and others have warned that the provision will limit the spread of information for consumers. For instance, the Communia Association writes: “The proposed Directive attempts to improve the failing financial outlook of press publishers in the digital, online environment by introducing a new right for them. It will not only fail to increase publisher revenues, but also decrease competition and innovation in the delivery of news, and limit access to information. Moreover, the new right will create additional ancillary protection for content already covered by copyright.
