Mandatory filtering does not always violate freedom of expression:important lessons from Poland v council and European parliament (C-401/19)

Can legislatures task machines with deciding when people can speak online? And what safeguards must be put in place by the Union and national legislatures to make us safe from potential abuses? These are the core questions at the heart of a complex copyright case concerning the validity of a provision in an EU Directive. The copyright complexity of the Republic of Poland v European Parliament and Council of the European Union, Case C‑401/19 hides many valuable lessons for the protection of fundamental rights, digital policy, and copyright law in the European Union. This case note will try to unpack the most important ones: (a) the central responsibility of the EU legislature for the quality of its legislation, (b) the developing body of case law of the Court concerning automated decision-making, and (c) consequences for the national implementation of Article 17 of the Copyright DSM Directive after the judgment.