The PLI advises that holding services such as YouTube responsible for copyright infringements may be unconstitutional


The Platform for Freedom of Information (PLI) has warned this Wednesday that an article of the Royal Decree Law on Intellectual Property is “especially serious” and “could be considered unconstitutional.”

“It could be unconstitutional, in the first place, of course, for resorting to the Royal Decree without there being an extraordinary and urgent need, this was already known. But it is also unconstitutional for something much more serious: because it is intended to apply the reversal of the burden of evidence in criminal proceedings, “explained Carlos Sánchez Almeida, PLI’s legal director.

In this sense, the platform maintains that, on the one hand, article 73.4 of the Royal Decree Law establishes that content sharing platforms, service providers, will always be responsible in any public communication of copyrights, unless demonstrate, among other things, that they have made every effort to prevent that content from being on their network and that, in any case, they have acted expeditiously to delete it.

In his opinion, the problem is that “immediately afterwards, in Article 73.5 we are told about the even criminal responsibility that these platforms have, and one thing does not add up to another from the constitutional point of view,” Sánchez Almeida warns. For the PLI, it is an expansive interpretation of the Directive of enormous gravity.

“It is known that article 24 of the Constitution guarantees the right to the presumption of innocence and also guarantees the right not to testify against oneself, not to plead guilty, but basically the spirit of what is the principle of presumption of innocence is that the accused cannot be forced to provide evidence of his guilt, of his criminal responsibility and this is what the Iceta law curiously intends, exceeding the provisions of the directive, where there is no talk of criminal responsibility in any way “, argues the legal director of the PLI.

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