MEPs approved controversial ‘meme ban’ EU copyright law by accident

Ten mistaken votes would have changed the result if they had been cast the right way

Andrew Griffin
Wednesday 27 March 2019 17:10 GMT
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Members of Parliament vote on the copyright rules for the internet at the European Parliament in Strasbourg, France, 26 March 2019
Members of Parliament vote on the copyright rules for the internet at the European Parliament in Strasbourg, France, 26 March 2019

The most controversial "meme ban" part of new EU copyright law was voted through by MEPs by mistake, it has emerged.

This week, the European Parliament voted to pass the new copyright regulations, which critics claim could fundamentally alter how the internet works. And one vote on those specifics of those rules appears to have been decided on the basis of MEPs who approved them by accident.

During deliberations on the new regulations, MEPs were offered the chance to specifically debate the two most controversial pieces of the law: Article 11, which would stop search engines from showing snippets of text from other websites, and the renamed Article 13, which requires that tech companies ensure their users are not violating copyright and has been accused of leading to a "meme ban".

The MEPs turned down an amendment that would have allowed them to specifically reject those parts of the law, by a very thin margin, in advance of the main vote. But now some of those politicians say they mistakenly voted the wrong way – and enough of them that it would have swung the vote.

That amendment was rejected by just five votes. But at least ten MEPs said they had accidentally cast their vote the wrong way, and if they had voted it would have fallen the other way.

Video taken during the vote shows the confusion among the politicians as they attempt to quickly vote on the amendments, which could have fundamentally changed the regulations that were eventually passed.

The voting records have now been fixed to show that a number of MEPs had cast the wrong votes, and registers the names of those who had intended to approve the amendment.

But despte the fact that the voting records now show the corrected results, the original ones will still stand. There is no way for those MEPs to change the official vote, even though the records can be corrected.

The new EU copyright rules force technology companies to take responsibility for the content that is shared on their platforms. That has proven controversial among copyright activists, internet campaigners and the technology companies themselves – with Google suggesting that it might have to fundamentally alter its search results, and YouTube suggesting it could be forced to ban people within Europe from uploading videos at all.

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