The Supreme Court, the highest court in the UK, accepted all of the PRCA’s arguments against the Newspaper Licensing Agency (NLA) that browsing and viewing articles online does not require authorisation from the rights-holder. It has now referred the case to the Court of Justice of the European Union (CJEU) so that this point can be clarified across the EU.
The Supreme Court states that accepting the NLA’s position would be “an unacceptable result, which would make infringers of many millions of ordinary users of the internet across the EU who use browsers and search engines for private as well as commercial purposes.”
The Supreme Court further rejected the NLA’s argument that rights-holders would be exposed to piracy as a consequence as right holders have effective remedies against those who are more obviously at fault.
Francis Ingham, PRCA Director General, said:
“We are delighted that the UK Supreme Court has accepted all of our arguments, which we look forward to making again at the CJEU. The Supreme Court understood that this does not just affect the PR world, but the fundamental rights of all EU citizens to browse the internet.”
The Supreme Court ruling can be found here.