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4 J. Intell. Prot. Stud. 1 (2020)

handle is hein.journals/jnloitl4 and id is 1 raw text is: Journal of Intellectual Property Studies Vol. IV (1), January 2020, pp.1-14 ARTICLE 17. EU DSM DIRECTIVE DEBATING UNSAFE HARBOURS AND CHILLING EFFECTS AKRITI GAUR* ABSTRACT The EU Digital Single Market (DSM) Directive was adopted on 26th March 2019. Article 17 of the Directive seeks to modernise existing laws related to digital copyright protection and content-sharing platforms. In doing so, it disrupts the prevailing intermediary liability regime in more ways than one. It creates strict obligations on content-sharing platforms- obligations which may compel such platforms to proactively censor lawful speech. While on the one hand, Article 17 is both timely and necessary to protect the interests of right-holders, it is equally important to ensure that unintended consequences on the free flow of information and speech interests of users are prevented. To this end, this paper unpacks the ongoing debate on Article 17 and its potential impact on free speech and expression of platform users. * Akriti Gaur, Senior Resident Fellow, Vidhi Centre for Legal Policy 1

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