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Post an EU jobLegislators in the European Parliament rejected France's tough approach against illegal file-sharing on the Internet. If their views were to become EU law, the so-called "three strike" approach, where consumers could see their Internet access cut off, could be outlawed.
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.
The French government has adopted the toughest stance against online piracy. It is planning to set up a new authority to regulate Web access for those who share files illegally. The provision is expected to become law in France at the end of April.
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 (EurActiv 25/09/08).
The battle is resurfacing ahead of the final vote on the package, expected in May.
LinksDossier: Copyright protection of online content
The Parliament's industry committee overwhelmingly passed
(40 votes in favour, four against and two abstentions) an amendment to the EU's so-called 'telecoms package', stating that decisions to cut consumers' Internet connections should be taken only by judges after a normal trial.
The text, drafted by French Socialist MEP Catherine Trautmann, states that "no restriction may be imposed on the fundamental rights and freedoms of end users without a prior ruling by the judicial authorities".
The amendment is in stark contrast to a bill currently before the French Parliament. The so-called 'Hadopi' law already won approval by the French Senate and is expected to be passed by the lower House next week. Crucially, it foresees that no trial be needed to cut Internet connections of serial offenders. The bill has faced unexpected hurdles when it was first examined by parliamentarians earlier this month (see EurActiv France 10/04/09
).
In France, the policing task is expected to be carried out by a new authority with the support of Internet service providers, which are asked to filter online traffic in search of illegal downloaders. Offenders will be warned twice before seeing their Web connections suspended, a procedure dubbed the 'three-strike approach'.
But should the Parliament's views become European law, the French legislation would therefore no longer stand. However, the path to definitive approval of the EU law is far from over. To stand a chance, the industry committee's vote must first be confirmed by the full Parliament during plenary vote in May. It must then win approval from the EU Council of Ministers, representing the 27 member states.
Member states have so far opposed the Parliament's wording and governments are set to repeat their stance during their next deliberation, possibly before summer.
In particular, the Council is keen to avoid any specific reference to "judicial authorities" in an attempt not to outlaw the French bill and keep the door open for possible similar measures in other EU countries.
Pressure to reach an agreement is mounting, because the issue represents the last obstacle to the final approval of the entire telecoms package, a set of rules meant to reshape the regulatory landscape of European electronic communications (EurActiv 31/03/09).
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