Bad News From the EU: High Court Blesses Global Takedown Order

The European Union seems to fallen in love with the idea of requiring service providers to edit the Internet, with predictable consequences for speech. Until recently, there was reason to hope those consequences could be contained. For example, the EU’s highest court recently ruled that the EU’s Right to Be Forgotten does not require Google to delist search results globally, thus keeping the results available to users around the world, even if de-indexed from the site associated with a particular EU state.

But last week, in a case involving a defamation case in Austria, the same court held that the national courts of EU member states can order intermediaries not only to take down defamatory content across all of their services—i.e., globally—but also to take down identical or “equivalent” material….

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