A Feasibility Study on the Filtering Obligation of Copyrighted Content on Online Platforms as a Method to Enhance the Duty of Care

Abstract

This study examines the development, implementation considerations, and extraterritorial implications of required filtering of copyrighted material on online platforms. The regulatory exemplification has transitioned from the traditional “notice-and-takedown” to a “necessary measures,” eventually leading to a new way in “filtering obligation.” Digital content is everywhere, and because of this, the “notice-and-takedown” method continued to struggle with stopping such infringement, Now, with a move towards proactive “necessary measures,”  filtering content is becoming a key part of these measures. It gave the platforms a strong tool for managing copyright. However, using filters also raises questions about how well they work and how accurate they are.While advancements in filtering technology have yielded improvements, inherent limitations persist. From an economic perspective, the amount of resources required to develop filtering systems may create disparities across companies; however, collaborative data sharing and proprietary database generation may alleviate such concerns. In terms of policy, the shift away from pure technological neutrality to a “technologies for the good” logic gives a justification for the support of censorship instruments. The European Union has passed a legislative requirement for filtering, as part of its growing digital economy and copyright law environment. In the United States, on the other hand, the country is still split, without uniform policy at the federal level. The work advocates the feasibility of content filtering as part of online platform due diligence, but also calls for a broader conversation including technical, economic, and policy dimensions.