CJEU supports granting of site-blocking injunctions against ISPs

What’s the issue?
There have been a number of high-profile site-blocking injunctions issued in the UK. The court has always had to consider whether the injunction was proportionate based on requirements in the Enforcement Directive and the EU law requirement to strike a fair balance between competing fundamental rights, but these injunctions have always been specific rather than blanket. In this case, the Court of Justice of the European Union (CJEU) considered whether internet service providers (ISPs) could be subject to site-blocking injunctions and whether those injunctions could be non-specific about the measures to be taken by the ISP.

What’s the development?
The CJEU has handed down its ruling, confirming that site-blocking injunctions can be issued against ISPs; that they do not have to specify the nature of the measures to be taken but that they must strike a ‘fair balance’ between the competing rights to conduct a business, of freedom of expression and the rights of the copyright holders. The judgment also suggested that this type of injunction might be issuable against a wider range of intermediaries than was previously thought…

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