A compromise reached in Brussels Thursday by negotiators representing the European Union's Parliament, Council, Commission and 27 member states has cleared the way to pass sweeping telecommunications legislation containing a key provision that establishes Internet-access protection for consumers. Previously the telecom reform bill had stalled over disagreements among EU member states about the degree to which access to the Internet should be protected.
The agreement sends "a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society," noted EU Telecoms Commissioner Viviane Reding. "The reform will substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the Internet," she said.
Fair and Impartial
Under the compromise reached Thursday, EU citizens will be entitled to legal protections with respect to any measures that individual EU member states implement to block the unauthorized downloading of copyrighted digital content and other illegal activities -- including the so-called "three strikes" rule currently being contemplated in the United Kingdom.
"These include the right to a prior, fair and impartial procedure, the right to be heard, and the presumption of innocence," said European Consumers Organization Director General Monique Goyens.
Thursday's compromise also includes provisions for keeping the issue of Internet neutrality under close scrutiny as well as the delivery of regular status reports on this issue to the European Parliament and the Council of Ministers.
"Under the reformed rules, the (European) Commission will be Europe's first line of defense when it comes to Net neutrality," Redding said.
The EU's Council of Ministers and Parliament now have six weeks to adopt the draft as required under previously established conciliation procedures. Following the legislation's approval, consumer watchdogs will keep a close eye on developments in all member states to ensure that the legal protections are implemented fairly and correctly, Goyens said.
"But more fundamentally, we need a re-examination and overall assessment about what constitutes illegal downloading and an evaluation of the supposed economic harm to the music and film industry," Goyens added.
Reding agreed, saying the debate between Parliament and Council has clearly shown that the EU needs to find more modern and effective ways to protect intellectual property and artistic creation.
"The promotion of legal offers, including across borders, should become a priority for policy-makers," Reding said. However, "three strikes laws" are not the answer and "will certainly not become part of European law," she added. (continued...)
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