European Commission backs MEPs over “three strikes”

Posted on 9 Oct 2008 at 13:30

The European Commission has rejected an attempt by French president Nicolas Sarkozy to overturn a European Parliament vote to protect internet users from the threat of disconnection for illegal downloading.

MEPs voted last month in favour of an amendment to the EU Telecoms Package which establishes that “no restriction may be imposed on the fundamental rights and freedoms of end-users” without judicial say-so.

This was a direct rebuke to Sarkozy’s “three strikes” policy, which sets out to establish a non-judicial internet authority with powers to disconnect file sharers who ignore a series of warnings.

The Commission, while accepting that the issue is of “high political importance” in France, has sided with Parliament.

“The European Commission respects this democratic decision of the European Parliament,” it said in a statement.

“In the Commission’s view, this amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens’ fundamental rights. The language of the amendment is deliberately drafted in order to leave Member States scope for reaching a fair balance between several fundamental rights, namely the right for the respect of private life, the right for property and effective remedies, and the right of freedom of information and expression.”

However it has left the door open for debate, with the European Council yet due to discuss the issue. As the EU Telecoms Package is decided under the co-decision procedure, agreement of Parliament and Council is required before an amendment can become law.

Author: Simon Aughton

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