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Instead of mandating even more failing filter technology, EU legislation that aims at tackling illegal online content should focus on the root causes of the problem.In reality, many platform companies benefit from controversial content.Here are some of them: Despite the numerous examples of failing filters, there seems to be an increasing belief by policymakers that algorithms and automatic filtering technologies can solve illegal content problems – without enough thought given to the harmful side-effects.As EDRi has argued before, filters do fail: We’ve seen automated take-downs and blocking of public domain works, of satire and nuance, and even of works uploaded by legitimate rightsholders themselves.
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This was pointed out for example in a recent report from the Electronic Frontier Foundation (EFF), one of EDRi’s US-based members.According to this old law, hosting companies are obliged to remove illegal content as soon as they gain knowledge of it.