Journalists take Belgium's copyright reform to Constitutional Court

Journalists take Belgium's copyright reform to Constitutional Court
The AJP argues that journalists, like artists, are authors, yet they lack the “safety net” provided by the status of art workers. Credit: Thought Catalog

Several journalists' associations are set to challenge the tax reform of copyright at the Constitutional Court, the organisations confirmed on Wednesday.

The French-speaking journalists’ association AJP, together with the Journalists’ Authors’ Society, is seeking the annulment of the abolition of the flat-rate expense allowance in the copyright system, as voted for in parliament in May.

The Flemish Journalists’ Association (VVJ) has also lodged a petition for annulment with the Constitutional Court, confirmed Charlotte Michils, general secretary of the VVJ.

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Royalties are taxed at a rate of 15%. Previously, a flat-rate expense deduction of 50% also applied. As a result of the reform, however, this flat-rate expense deduction is being abolished, meaning the 15% rate now applies to a larger amount of royalties.

"In practical terms, this means a doubling of the tax on that income," said the AJP.

An exception to the abolition of the flat-rate expense allowance applies to those who hold a certificate of artistic merit.

According to the French-speaking journalists’ association, this amounts to an "unacceptable and unlawful" difference in the treatment of authors.

The VVJ's petition, meanwhile, focuses specifically on self-employed journalists. These freelancers have already taken quite a few hits in the highly concentrated media landscape, according to Michils.

"The abolition of the flat-rate expense allowance is yet another blow for them. The distinction made between them and artists is unfounded," she argued. The French-speaking publishers intend to join the appeal lodged by the AJP.


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