PP, PSOE y Cs votan juntos en Europa para restringir las libertades en la red

PP, PSOE y Cs votan juntos en Europa para restringir las libertades en la red

El Artículo 13 de la Ley de Copyright favorece el control y concentración de la cultura, las noticias y el espectáculo por parte de grandes empresas
26 marzo, 2019
La Mirada Común
  • Europa

PP, PSOE y Cs votan juntos en Europa para restringir las libertades en la red

La Mirada Común

El pleno del Parlamento Europeo ha aprobado hoy la Directiva de Copyright, incluyendo la totalidad de sus medidas más polémicas entre las que figuran los filtrados previos de contenido o el conocido como «Artículo 13«. El texto sometido a votación ha sido el producto de negociaciones interinstitucionales entre el Parlamento, el Consejo y la Comisión.

Con una diferencia de setenta y cuatro votos, y el apoyo unánime de las delegaciones españolas del Partido Popular, Ciudadanos y Partido Socialista, el texto aprobado abre las puertas a lo que el abogado especializado en derechos digitales y activista David Bravo define como “el fin de la esencia misma de Internet como un espacio en el que los usuarios no se limitan a ver o consumir de manera pasiva, sino que aportan contenido de forma activa y dinámica, distinguiéndolo de medios como la televisión”.

Con el objetivo, según sus defensores, de adaptar el mercado cultural a las nuevas realidades tecnológicas, la controvertida directiva pretende garantizar un mayor reparto de beneficios para artistas y creadores al tiempo que responsabilizar a las plataformas de llevar a cabo un filtrado «ex» ante todo el contenido que alojen para evitar violaciones de propiedad intelectual. Sus detractores, en cambio, han argumentado que la nueva legislación supone una victoria sólo para la gran industria editorial y audiovisual, ya que serán las posiciones de las empresas propietarias de los derechos de explotación, y no los artistas o creadores de obras culturales, las únicas que salgan fortalecidas.

Varias organizaciones de la sociedad civil, entre las que se encuentra la Plataforma en Defensa de la Libertad de Información (PDLI), han denunciado “las multimillonarias campañas de lobby financiadas por la industria cultural y la grave instrumentalización que se ha hecho de pequeños artistas y creadores durante el debate legislativo». Entre otros argumentos Yolanda Quintana, abogada y cofundadora de PDLI, ha señalado que “la obligación de filtrado y censura previa sin supervisión judicial por parte de plataformas supone no sólo un ataque a la libertad de expresión, sino que discrimina a pequeñas plataformas y startups que no disponen de suficientes recursos ni medios para cumplir con las nuevas exigencias legales, en comparación con las grandes plataformas que no tendrán problemas para adaptarse.” Ha incidido también en que “la actual legislación, a diferencia de la directiva aprobada, es ampliamente garantista, ya que contempla la denuncia y la consiguiente apertura de procedimientos judiciales ante cualquier vulneración de copyright que pueda existir.”


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