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The EU institutions yesterday (29 April) reached a political deal on provisions to counter piracy over the Internet, which had been the last outstanding obstacle to the final adoption of the telecoms package.
Lobbies from the music sector and the wider online content production industry have been pushing for a range of initiatives to reduce Internet piracy in Europe. They hope to curb activities like downloading or uploading songs, films and software that do not respect copyright rules, and thus deny rights holders a significant potential source of revenue.
During negotiations on the so-called 'telecoms package', some MEPs tried to address the issue of online copyright protection by imposing obligations on Internet service providers (ISPs). But the plan was rejected after heavy pressure from the telecoms industry and consumers in support of free downloading and peer-to-peer websites.
The telecoms package is meant to reshape the legal landscape of electronic communications across Europe (see EurActiv Links Dossier).
National diplomatic representatives agreed upon a text which explicitly refers to the need for legal trials for those who illegally download content online. The Council, led by France, merely wanted to make a simple reference to respecting fundamental rights. The Parliament pushed hard to have a more explicit reference to the right for a regular trial.
The final compromise text, backed by the European Parliament's industry committee, states that measures taken against offenders must respect "the right to a judgment by an independent and impartial tribunal established by law and acting in respect of due process".
The text is a milder version of the one with amendments tabled by the MEP in charge of the dossier, French Socialist Catherine Trautmann, and reading that "no restrictions may be imposed on the fundamental rights and freedoms of end users without a prior ruling by the judicial authorities" (EurActiv 23/04/09).
France is currently approving a new law which gives a new state authority the right to cut Internet connections in ase of violations of copyright rules.
According to the French plans, Internet service providers will be asked to filter online traffic in search of illegal downloaders. The new authority will then warn offenders twice before cutting their Web connections, a procedure dubbed the 'three-strike approach'.
Critics have nicknamed the initiative the 'Carla Bruni' bill, highlighting the allegedly biased support given by French President Nicolas Sarkozy to legislation designed to protect the music industry - of which Bruni, his wife, is a representative.
The new wording of the EU text nevertheless seems to be acceptable to all. The compromise must now be formally adopted by the European Parliament plenary next week, and by EU ministers before the summer. But after yesterday's political deal, these endorsements are seen as mere formalities.
This will allow for the adoption of the entire EU telecoms package, which had been held hostage by the dispute.
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