December 15, 2010
On 15 December 2009, the European Commission held its third meeting on “public private cooperation to counter the dissemination of illegal content in the European Union. The first meeting took place in November 2009 and the second in May 2010.
After the previous meeting, the European Commission received written comments jointly from EDRi and EuroISPA as well as a variety of industry players. Six months later, the Commission finally reacted to that feedback, sending participants revised recommendations on the evening before the meeting.
The Commission tried to open discussions on its recommendations for extra-judicial takedown of material that has been accused of being illegal, on grounds of containing child abuse, racism/xenophobia or terrorist content. However, both industry and EDRi demanded repeatedly that the Commission finally should define the problems that it believes it is addressing by this initiative. Unfortunately, the Commission steadfastly refused to do this. The Commission also choose not to answer a direct question as to how this initiative complies with either Article 10 of the European Convention on Human Rights (which requires a legal basis for interferences with communication) and the 2003 Interinstitutional Agreement, which obliges the Commission not to promote co- or self-regulatory measures in relation to matters of significance to fundamental rights.Bogdan