Illegal file sharers promised 'fair' hearing

The agreement by the European Union on the wording of reforms governing the telecoms industry opens the door for the introduction of 'three strikes' internet disconnection rules for illegal file sharers.

MEPs and ministers finally reached agreement on the sticking point of the law; amendment 138/46 of the Telecoms package. This had effectively outlawed proposals that would force internet service providers to disconnect the services of people accused of illegal file sharing.

The so-called 'three strikes and you're out rules' have been introduced in some EU member states and proposed by Peter Mandelson in the UK.

Despite reinstating this amendment twice, the European Parliament finally backed down and reworded it. The watered down version has caused civil liberties groups serious concern.

The Telecoms package's woolly wording now says that restrictions on a user’s internet access may “only be imposed if they are appropriate, proportionate and necessary within a democratic society“, and taken only “with due respect for the principle of presumption of innocence and the right to privacy“ and as a result of “a prior, fair and impartial procedure" guaranteeing “the right to be heard and the right to an effective and timely judicial review“.

Although MEP Malcolm Harbour, ECR chairman of the European Parliament's internal market committee, said consumers will “be guaranteed a prior, fair and impartial procedure in any cases of proposed disconnection”.

Jérémie Zimmermann of La Quadrature du Net warned: “This rather unambitious provision will now be up for interpretation, and it remains to be seen whether it will invalidate internet access restrictions such as 'three strikes' policies."

The whole package of legislative proposals can now proceed to final votes in the European Parliament later this month and in the Council of Ministers.