EU sets out 'internet rights' to protect users

By James Riley
Friday, 06 November 2009 05:50

Government Tech Policy

Just as movie downloads hit the headlines in Australia through the AFACT/iiNet case in Sydney, the European Union has passed into law a set of internet rights to protect users from arbitrary crackdowns on people who illegally download music and movies.

The so-called EU Telecom Reform package has been the subject of negotiation since late 2007 and paves the way for stronger consumer rights, an open internet, a single telecommunications market for Europe and improved bandwidth for consumers in future.

The reforms were originally proposed by the competition regulator – the European Commission – and aims to strengthen competition and consumer rights within Europe's telecoms sector, and to establish a pan-"European Body of Telecoms Regulators" to complete the single market for telecoms networks and services.

EU Telecoms Commissioner Viviane Reding welcomed the passage of the reforms, and said the new "internet freedom provision" in the laws would be an important foundation of fair play and equitable service delivery in the emerging digital economy. 

The freedom provision effectively outlaws the basis of "Three Strikes laws" used in many jurisdictions to cut off repeat ‘offenders’ from the internet, and is the position of preference of many copyright holders.

"This internet freedom provision is unprecedented across the globe and a strong signal that the EU takes fundamental rights very seriously, in particular when it comes to the Information Society," Commissioner Reding said.

"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.

"It will boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing internet broadband for all Europeans."

The creation of the new laws has been one of the most closely watched developments in the sector, with movie studios, record labels and other content owners lobbying the Commission and the EU member states for stronger protections against piracy.

The new laws mean, amongst a raft of other consumer protections, that the consumers are protected against having their internet connections arbitrarily cut-off as part of a government response to illegal downloading.

The freedom provision is the most controversial. It effectively means that no European member state can cut off one of its citizens from the Internet without apply due process of law – enshrining the presumption of innocence and the right to privacy into the application of online policy.

Any measures taken by EU governments on Internet access – from fighting child pornography or other illegal activities – must allow that EU citizens are entitled to a prior fair and impartial procedure, including the right to be heard, and they have a right to an effective and timely judicial review. Just like the real world.

"The new internet freedom provision represents a great victory for the rights and freedoms of European citizens," Reding said. "The debate between Parliament and Council has also clearly shown that we need find new, more modern and more effective ways in Europe to protect intellectual property and artistic creation."