If you have been using the internet for longer than a couple of years, you might have noticed that it used to be much “freer.” What freer means in this context is that there was less censorship and less stringent rules regarding copyright violations on social media websites such as YouTube and Facebook (and consequently a wider array of content), search engines used to often show results from smaller websites, there were less “fact-checkers,” and there were (for better or for worse) less stringent guidelines for acceptable conduct. In the last ten years, the internet’s structure and environment have undergone radical changes. This has happened in many areas of the internet; however, this article will specifically focus on the changes in social media websites and search engines. This article will argue that changes in European Union regulations regarding online platforms played an important role in shaping the structure of the internet to the way it is today and that further changes in EU policy that will be even more detrimental to freedom on the internet may be on the horizon.
Now that readers have an idea of what “change” is referring to, we should explain in detail which EU regulations played a part in bringing it about. The first important piece of regulation we will deal with is the Directive on Copyright in the Digital Single Market that came out in 2019. Article 17 of this directive states that online content-sharing service platforms are liable for the copyrighted content that is posted on their websites if they do not have a license for said content.