Freedom of Expression and Defamation Open access

Filtering for Copyright Enforcement in Europe after the Sabam cases

S. Kulk, Frederik Zuiderveen Borgesius

UvA-DARE (University of Amsterdam) | Jan 8, 2026 | 28 citations

Abstract

Abstract

Sabam, a Belgian collective rights management organisation, wanted an internet access provider and a social network site to install a filter system to enforce copyrights. In two recent judgments, the Court of Justice of the European Union decided that the social network site and the internet access provider cannot be required to install the filter system that Sabam asked for. Are these judgments good news for fundamental rights? This article argues that little is won for privacy and freedom of information.

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Authors

Researchers on this paper

S. Kulk

first | Utrecht University

Frederik Zuiderveen Borgesius

last | ORCID 0000-0001-5803-827X

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BibTeX

@article{Kulk2026Filtering,
  title = {Filtering for Copyright Enforcement in Europe after the Sabam cases},
  author = {S. Kulk and Frederik Zuiderveen Borgesius},
  journal = {UvA-DARE (University of Amsterdam)},
  year = {2026},
  doi = {10.48550/arxiv.2601.09739},
  url = {https://dare.uva.nl/personal/pure/en/publications/filtering-for-copyright-enforcement-in-europe-after-the-sabam-cases(3790fdd8-5695-4bb4-90fe-e478efe448ba).html}
}

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