European ISPs Want Rightsholders Held Accountable for Overblocking Damage

For years, rightsholders have pushed for broader site blocking orders, with no direct liability if these result in overblocking. EuroISPA, which represents over 3,300 European internet service providers, is now asking the EU Commission to change that. The association points to a series of overblocking incidents in Italy, Spain, and elsewhere, where rightsholders were not held accountable.

Last year, EuroISPA warned the European Commission that site blocking was becoming disproportionate.

Fast-forward a year, and the providers’ concerns have only grown.

In a new filing to the Commission’s ongoing assessment of the Copyright in the Digital Single Market Directive, EuroISPA once again sounds the alarm, pointing out that the piracy blocking climate in some countries is getting more extreme.

EuroISPA starts by explicitly referencing the Commission’s own conclusions. Its evaluation of the 2023 Recommendation on combating piracy of live events concluded that the measures had “limited positive effects” and did not lead to a substantial reduction in piracy.

“This finding is an important baseline for this consultation: it suggests that in many cases the problem lies in the enforcement of existing law, not in a gap in the legislative framework,” the ISP organization notes.

The European Commission should prioritize the implementation of current law, instead of introducing any new enforcement obligations, the filing argues. That doesn’t mean that everything is functioning fine now. On the contrary, the ISPs flag a myriad of overblocking incidents.

Blocking Goes Beyond ISPs

In recent years, site blocking orders have expanded to other intermediaries, including DNS resolvers and VPN providers. This is problematic, EuroISPA argues, as these services have no direct link to the infringing content and often lack the technical means to implement geographically restricted blocks.

This expansion, combined with various overblocking incidents throughout Europe, is problematic, the ISP association notes, while listing various examples.

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