States cannot cut off net access over illegal downloads

GOVERNMENTS will not be able to automatically cut off internet access to users who illegally download copyright material under draft new EU legislation just agreed.

This followed a major battle between the European Parliament, which wanted to make access to the internet a fundamental right that could not be denied, and member states that were not so enthusiastic.

Both were subject to some of the most intensive lobbying ever seen in Brussels from the music and film industry and others that want to prevent unpaid for downloads on the internet.

As a result, a major piece of legislation on the telecoms sector was held up and in the early hours of yesterday morning a compromise was agreed among the lawmakers.

As a result, the ‘three-strike’ law the French government tried to introduce and which British Business Secretary Peter Mandelson wants to bring in, should not now be possible.

Telecoms Commissioner Viviane Reding, who was responsible for the draft, welcomed the deal. “This internet freedom provision is unprecedented across the globe and gives a strong signal that the EU takes fundamental rights seriously when it comes to the Information Society,” she said.

Her spokesman Martin Selmayr insisted that the wording was watertight and criticised some media reports that suggested otherwise.

“This is the best possible outcome for the citizen. No country has such a law. It is the strongest affirmation of fundamental rights in the modern information society that we have today.”

All the normal procedures will apply that apply to any attempt to limit fundamental freedom, including the presumption of innocence, the right to a fair and impartial court hearing and the possibility to appeal.

Only in exceptional circumstances – such as a terrorist carrying out a criminal act – can action be taken without following due process, and even in such cases permission must be obtained from an attorney general.

He pointed out that MEPs belonging to the Green party and the Swedish Pirates Party – both of which campaign against illegal downloaders being criminalised – agreed to the deal.

Pan-EU consumers’ body, BEUC, said it had been a long hard battle and welcomed that all sides had acknowledged that the fundamental rights of users needed to be guaranteed in the digital world.

But now, an overall reassessment of what constitutes illegal downloading must be carried out. “We need this and an evaluation of the supposed economic harm to the music and film industry.

“Just last week, for example, it was shown that 72% of people who admit that they download illegally are the ones who spend the most money buying content legally,” said BEUC director general, Monique Goyens.

This is part of a package of new laws that must be in force by June 2011 and will include a number of reforms including that anybody changing their mobile or fixed phone operator must be able to effect the change in one working day and keep their old number.

It also aims to ensure a greater choice of internet service providers, enhance privacy, give consumers more information they subscribe to and minimum quality standards they can expect, accelerating broadband access, less political interference in national telecoms regulators and greater co-operation among them through a new European Telecoms Authority.