The
European
Parliament has decided that ISPs and regulators, such as
Ofcom in
the UK, cannot restrict individuals' access to the internet.
But the vote, which is in favour of online freedom of expression, is not the
end of the
EU
debate taking place between the European Parliament and Council.
Because the Parliament has not agreed with the Council, the proposals will
now enter the EU's conciliation procedure where the two bodies will try and
reach a compromise.
The debate has emerged from the reform of the
Telecoms
Package 2002 and in particular, one of the five directives that make up the
package, called the
Framework
Directive.
The reform raises the possibility that a 'three strikes' measure proposed by
French president Nicolas Sarkozy could be adopted. The law would kick file
sharers and illegal downloaders off the internet for up to a year if they were
third-time offenders.
The decision by the Parliament not to adopt Sarkozy's proposition is the
second time it has come to this conclusion. During the first reading of the
proposal, the Parliament formed what is known as
Amendment
138.
The Amendment reads: "No restriction may be imposed on the fundamental rights
and freedoms of end users, without a prior ruling by the judicial authorities,
notably in accordance with Article 11 of the Charter of Fundamental Rights of
the European Union on freedom of expression and information, save when public
security is threatened in which case the ruling may be subsequent."
Catherin Trautman, author of another report relating to the Framework
Directive, revised the text in April to water down the Parliament's amendment,
and secure agreement between the Council and Parliament before the elections in
early June.
Citizen rights groups, such as
La
Quadrature du Net, were outraged by Trautman's changes, and called on MEPs
to side with the previous version of the report which contained the amendment.
The groups have welcomed the decision of the MEPs. Jérémie Zimmermann,
co-founder of La Quadrature du Net, described it as a "victory".
"A formidable campaign from the citizens put the issues of freedoms on the
internet at the centre of the debates of the Telecoms Package," he said.
"The massive readoption of amendment 138/46, rather than the softer
compromise negotiated by rapporteur Trautmann with the Council, is an even
stronger statement."
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