EU lawmakers overwhelmingly restated 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.
