MEP denies 'three strikes' rule for persistent illegal downloaders

Proposed reforms to European Union legislation governing electronic communications have been designed to give consumers better safeguards, not penalise them, according to an MEP.

Malcolm Harbour, Conservative MEP for West Midlands, quashed absolutely rumours that the reforms would see the implementation of a ‘three-strikes and you’re out’ regime. Such a scheme would see a person lose their internet service if they continued to illegally download copyright material such as music or movies.

“The reports are scaremongering and it is completely untrue that the proposals would lead to this; such a system has never been included in the proposals,” he said.

However, Mr Harbour, who is leading the European Parliament’s four-strong team of rapporteurs involved in drafting the reforms, admitted that this didn’t preclude the possibility that such a system could be introduced in the UK.

The French have introduced the scheme under a controversial new law. Under a cross-industry agreement, internet service providers (ISPs) must cut off offenders' internet access for up to a year for third-time offenders.

“Any decision to introduce these measures is down to national governments. However, my personal opinion is such a system is not workable,” he said.

He said proposed amendments that they are trying to get accepted include reducing broadband and mobile telephony contract lengths to a maximum of 24 months. If adopted the proposals would also force greater transparency about price plans for mobile phone contracts; including the real cost to the consumer for the ‘free’ handsets .

He admitted that this could see the end of deals where consumers are offered free notebook PCs when they sign up for a wireless broadband contract.

“Three years is a very long time and [these contracts] may not be in the consumer’s interest,” he said.

Other amendments include ensuring clearer conditions of contract. However, there was nothing in the reforms that could help consumers who find themselves locked into a dispute with their ISP over quality of service.

Mr Harbour said Ofcom had strong enough powers to sanction ISPs if needed. He said providers also had to provide clear information on the speeds and levels of service they could provide individual customers.

Another proposal under the e-privacy directive would see the introduction of a data breach disclosure rule.

“Essentially if there is a serious data breach online, it will be mandatory to disclose this to customers who may be affected. It does not cover loses of CDs of data – that is hardly high tech,” he said.

The proposals now go forward to the European Parliament for consideration. Mr Harbour said he is confident that the amendments will be approved.