CJEU Decision Finds That Requiring ISPs To Filter Content Is Illegal

In the long awaited judgment in the case of Scarlet Extended SA v SABAM, the Court of Justice of the European Union delivered a landmark decision preventing an onerous obligation being imposed by injunction on an Internet Service Provider (ISP) requiring it to prevent copyright infringements online. It ruled that the proposed injunction, which would require an ISP to install an expensive system for filtering, applied indiscriminately to all users as a preventative measure, and capable of identifying files which infringe copyright, was illegal and contrary to applicable fundamental rights, notably proportionality.

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