[Chapter-delegates] PES on ACTA - wow!

[Veni Markovski]

More on that, from Ms. Reding:
http://ec.europa.eu/commission_2010-2014/reding/pdf/quote_statement_en.pdf


Statement by Viviane Reding, Vice-President of the European Commission
and EU Commissioner for Justice, Fundamental Rights and Citizenship,
on freedom of expression and information via the Internet, attempts to
block websites, "three-strikes-laws", and ACTA

1. For the European Union, freedom of expression and freedom of
information, regardless by which technological means and regardless of
frontiers, are fundamental rights. They are enshrined in the EU's Charter of
Fundamental Rights(1), which takes precedence over all EU legislation,
including international agreements concluded by the EU. The European
Union therefore stands for a freely accessible Internet and for freedom
of expression and freedom of information via the Internet.

2. Intellectual property is also a fundamental right recognised by the EU's
Charter of Fundamental Rights.(2) It ensures that artistic creations by 
authors
are protected. However, this is not an absolute fundamental right. European
policy therefore should aim at mutually balancing the respect for both
fundamental rights, without calling into question their essence. Freedom of
information and intellectual property rights must not be enemies; they
should be partners!

3. Copyright protection can never be a justification for eliminating 
freedom of
expression or freedom of information. That is why for me, blocking the
Internet is never an option. Instead, we need to find new, more modern
and more effective ways in Europe to protect artistic creations that take
account of technological developments and the freedoms of the Internet.
The promotion of legal offers, including across borders, should become a
priority for policy-makers.

4. This is a position that I have previously defended in the debate on 
the EU
Telecoms Package in 2009. Some politicians wanted to include in this
legislation provisions that would have authorised a "three-strikes solution"
to protect copyright. I opposed this at the time. In spite of significant
political pressure(3), I instead supported – in the name of the European
Commission and in close alliance with the European Parliament – the
inclusion of an "Internet freedom provision" in the final text of this
legislation.(4) This "Internet freedom provision" represents a great victory
for the rights and freedoms of European citizens. Under this provision,
"three-strikes laws", which could cut off Internet access without a 
prior fair
and impartial procedure or without effective and timely judicial review, 
will
certainly not become part of European law.

5. This situation can and must not be changed by the ACTA agreement, which
is currently under public discussion in the European Parliament and in the
national parliaments of the EU Member States. As I said, I am against all
attempts to block Internet websites. Even though the text of the ACTA
agreement does not provide for new rules compared to today's legal
situation in Europe, I understand that many people are worried about how
ACTA would be implemented. I therefore welcome the intention of
several members of the European Parliament to ask the European
Court of Justice for a legal opinion to clarify that the ACTA agreement
cannot limit freedom of expression and freedom of the Internet.


_____
1 Article 11(1) of the EU Charter of Fundamental Rights.
2 Article 17 (2) of the EU Charter of Fundamental Rights.
3 See the reports at http://www.edri.org/book/export/html/1603; and at 
http://www.ecrans.fr/Ripostegraduee-
Barroso-dit-non-a,5348.html;
4 See " Commission position on Amendment 138 adopted by the European 
Parliament in plenary vote on 24
September", 
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/681; and
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/491&format=HTML&aged=1&lang
uage=EN&guiLanguage=fr

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