Poland's challenge to Article 17 CDSM Directive fails before the CJEU, but Member States must implement fundamental rights safeguards

The Court of Justice of the European Union (CJEU) has dismissed Poland's action for annulment of the new copyright liability regime for specific online platforms but subjected its implementation to strict fundamental rights control. As a result, national implementations must ensure that the rights of users are given sufficient protection against preventive blocking and filtering of content uploads.