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On the 15th of February 2023 the the European Commission referred Poland to the CJEU for failing to transpose the Directive.
Procedure:
In July-September 2020, the Polish Ministry of Culture and National Heritage (responsible for copyright law) organized a public pre-draft consultation. Stakeholders were invited to present their proposals for implementing the Directive, as well as to answer 17 specific questions posed by the Ministry. No document has been shared by the Ministry, and the received submissions have not been shared publicly. Other than this, Poland has not made any steps towards implementing the Directive.
Article 17:
Nothing to be seen here yet
Other:
Nothing to be seen here yet
Bonus:
In May 2019, Poland filed a challenge to the Directive before the CJEU. Poland argued that Article 17 introduces solutions with preventive censorship features, which is forbidden both by the Polish Constitution and EU law. After two years it is clear that the charge will play a key role in the overall implementation process, as the CJEU will determine if Article 17 infringes rights secured in the EU Charter of Fundamental Rights. Interestingly, the Court challenge fulfilled an electoral promise made by the ruling Prawo i Sprawiedliwość to protect “freedom on the internet”.
Just before the Directive got adopted, the Polish government challenged some provisions of Article 17 in the Court of Justice of the European Union. Afterwards, Poland has not taken any steps to implement the Directive, other than requesting comments from stakeholders - without presenting any documents outlining the government’s position.
It is commonly assumed that Poland is waiting for the CJEU decision before taking any steps towards implementing the Directive. In the meantime, the court case became a key part of the implementation process. The Polish challenge means that the Court will determine the constitutionality of Article 17, making a judgement specifically on matters related to the protection of user rights with regard to content filtering.
Local partners: Our local partner has been Centrum Cyfrowe Foundation.
For more information please see our implementation tracking page for Poland.
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