Gamli grautur

8.5.2009 | 02:07

Sarkozy vill hömlur á Internetið!

EU lawmakers overwhelmingly restatedexternal their support for an amendment underlining that Internet access cannot be restricted "without prior ruling by the judicial authorities". 407 MEPs backed the amendment, while 57 opposed it and 171 abstained.

The vote represents a political victory for the minority parties in Parliament (Liberals, Greens, Left and Independents), which had backed the amendment against the Socialists and the centre-right EPP-ED.

It also deals a blow to a draft French law that foresees steep penalties for Internet users who violate copyright laws by illegally sharing video or music files on the Internet. Under the proposed French "three strike" approach, offenders could see their Internet connection shut down after two consecutive warnings, sparking uproar among MEPs in Brussels who see it as a violation of consumers' rights (EurActiv 23/04/09).

Parliament at odds with earlier compromise

The vote puts the EU assembly's position at odds with a compromise struck with member states earlier in April, which was based on a softer understanding of users' rights (EurActiv 30/04/09).

Indeed, the Council of Ministers, which represents the 27 EU governments, had pushed hard to delete any reference to judicial authorities in the draft EU law regarding the rights of Internet users. The compromise, struck by Socialist MEP Catherine Trautmann, referred only to "the right to a judgment by an independent and impartial tribunal".

Behind the scramble lies the Parliament's fundamental opposition to the draft French bill, which is strongly supported by French President Nicolas Sarkozy. By curbing the free exchange of movies or songs on the Internet, the bill is intended to protect authors, but critics says it violates fundamental rights and is impossible to implement in practice. The initiative was even nicknamed the 'Carla Bruni bill', in reference to Sarkozy's wife, a former top model and singer.

Reform held hostage by political strife

Although MEPs widely supported the telecoms package as a whole, the future of this crucial reform of EU electronic communications is now being held hostage by political strife over the protection of Internet users.

Now, the only chance to get the reform through is an unlikely endorsement of the Parliament's position by EU countries in June.

Information Society Commissioner Viviane Reding, who proposed the reform, called on member states to be reasonable and agree with MEPs at the Telecoms Council on 12 June.

But member states are widely expected to confirm their opposition to the amendment, postponing the approval of the package until the next legislature, after the European elections in June.

If this was the case, the entire package might have to be discussed again, nullifying 18 months of tough negotiations.
Positions:

"This is a defeat for Nicolas Sarkozy who can no longer ignore this majority position" when the French National Assembly debates the draft Hadopi law later this month, said Daniel Cohn-Bendit, co-leader of the Greens group in the European Parliament.

Malcom Harbour, a British MEP from the majority centre-right EPP-ED group in Parliament, criticised the Socialists and Liberals for "manipulating the Parliament in an irresponsible way". "Socialist and Liberal MEPs are putting French politics ahead of the interests of European consumers and the European economy. The amendments they supported have nothing to do with investment or competition, which is at the core of this reform package."

Viviane Reding, the EU's telecoms commissioner, called on the Council "to assess the situation very carefully, also in the light of the importance of the telecoms reform for the sector and for the recovery of our European economy".

"The Telecoms Council on 12 June should be used for a political discussion on whether agreement on the package is still possible or whether the discussion will have to start again with the new European Parliament in autumn," she said in a statement.

Dutch Liberal MEP Sophie in 't Veld (ALDE) commented: "I am very pleased that the Parliament did not bow to the attempt of the Council to use the back door to insert a rule restricting the access to the Internet. Access to the internet is very important to a lot of people and only in extreme cases people should be expelled from this vital source of information. I am proud that the Liberals and Democrats have paved the way for a more reasonable approach in the fight against Internet piracy."

Swedish Leftist MEP Eva-Britt Svensson (GUE) said "I am really happy that the activity focusing on citizens has been successful. It is an important partial victory for citizens' rights on the Internet. But a political debate around the idea that the Internet should be divided into pre-selections, decided by an Internet service provider, is still missing."

Monique Goyens, director-general of BEUC, the European consumers group, stated: "The rejection of the graduated response is an important signal sent to consumers by the European Parliament before the European elections."

Michael Bartholomew, director of ETNO, which represents the main EU telecoms operators, commented: "A blockage of the package is highly regrettable as it leads to additional uncertainty in a sector which is essential for the economic recovery and faces highly risky investment in high-speed broadband networks."

Ilsa Godlovitch, director of regulatory affairs at ECTA, which represents emerging European telecoms groups, said: "The vote in the European Parliament may delay adoption of the package, but it does not remove the need for firm and urgent action by regulators to make sure telecoms markets are competitive."