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11 Indian J. Intell. Prop. L. 223 (2020)
The Snippet Tax: Enabling Access to Fake News?

handle is hein.journals/ijipl11 and id is 224 raw text is: 223

Kali Srikari Kancherla*
The Internet has enabled the large-scale dissemination of disinformation and
fake news in society. Many countries have begun recognising the problem of
fake news and have started to adopt measures to control its circulation. In
2019, the European Union ('EU) Directive on Copyright in the Digital
Single Market ('the Directive') was adopted. Draft Article 11 (Article 15 in
the final Directive), introduced the 'snippet tax' which creates a new set of
exclusive intellectual property rights ('IPR ) giving news publishers the right
to charge royalties to anyone who uses or shows news snippets, i.e., short
summaries of journalistic online content created by online news
publishers. This tax in particular will impact search engines like Google that
feature snippets on its search page. While the EU claims that this will have a
beneficial impact by protecting news publishers from a loss of revenues
caused due to Google 's commercial use of snippets, and promote a free and
diverse press as a result, a closer examination shows otherwise.
This article seeks to demonstrate how this new ancillary IP protection
exacerbates the problem offake news and misinformation. It first explores the
impact IPRs have on fake news in general and highlights the unintended
consequences that the snippet tax has had on the market for information in
jurisdictions in which it was enacted previously. Based on this, the paper will
study the impact that the implementation of the Directive by EU member
states will have on news publishers, consumers, and innovation in the

* Kali Srikari Kancherla is a B.A. LLB (Hons.) student from National Law University, Delhi.

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