EU Telecom Package Agreed With Safeguards But Three-Strikes Still Possible

A compromise was found last week between the European Parliament and European Council on “internet access safeguards” in the last remaining open issue in the European Union telecommunications package, according to the Parliament. But public interest concerns remain that restrictive punishment measures might still be possible.

The Parliament and Council will have one chance to reject the amendment in an up-or-down vote. The Parliament’s third-reading vote on the electronic communications framework directive should take place on 23-26 November, according to the Parliament press release.

On 5 November, the institutions agreed that “a user’s internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user’s right to be heard.”

Activists had warned about the impending spread to Europe of legislation like France’s HADOPI, punishing alleged three-time copyright infringers on the internet with a suspension of internet connection (IPW, IP Burble, 3 November 2009).

According to non-profit La Quadrature du Net, the agreed text includes elements such as a reference to a “prior fair and impartial procedure” as well as the presumption of innocence, and the right to privacy. However, the text contains potential loopholes, they said, including language that could lead to policies restricting internet access. Moreover, according to La Quadrature du Net, the protection granted by the amendment “only relates to measures taken by states, not private parties,” which means that “restrictions imposed by operators at the request of right-holders do not fall under the scope of this provision.”

“Despite its lack of clarity and ambition, this text does provide legal ammunition to continue the fight against restrictions of internet access,” the group said.

The discussion between the Parliament and the Council was over Amendment 138 of the Telecom Directive, which was intended to protect users’ right to access the internet and thus protect their freedom of information and expression.

Amendment 138 has now been abandoned and the newly agreed text now will be in telecom package Article 1 of the framework directive, which governs the scope of the package.