[Discussioni] Amendment 138/46 adopted again. Internet is a fundamental right in Europe.

[Marco Ciurcina]

http://www.laquadrature.net/en/amendment-138-46-adopted-again

Amendment 138/46 adopted again. Internet is a fundamental right in Europe.

Strasbourg, May 6 2009 − The debates on the Telecoms Package, thanks to a 
remarkable citizen mobilization, led to an extremely strong recognition of 
the access to internet as a fundamental right with the re-adoption of 
amendment 138/46 in second reading by a qualified majority. It is the final 
blow against three-strike laws such as Nicolas Sarkozy's HADOPI law, which 
are explicitely banned. The European Parliament nevertheless adopted a soft 
compromise on issues of network equity: no strong protection against “net 
discrimination” was adopted.

La Quadrature warmly thanks the numerous European citizens who have 
contributed to the possibility of this new and stronger than ever statement 
for fundamental rights. Even on issues connected to network offers, the worst 
provisions introduced since the beginning of the legislative process were not 
adopted. Thanks to the public debate, the ill-intended co-operation between 
ISPs and right holders and discrimination of Net services and contents will 
not be forced, even though doors are still open for introducing it in Members 
States.

“A formidable campaign from the citizens put the issues of freedoms on the 
Internet at the center of the debates of the Telecoms Package. This is a 
victory by itself. It started with the declaration of commissioner Viviane 
Reding considering access to Internet as a fundamental right1. The massive 
re-adoption of amendment 138/462 rather than the softer compromise negotiated 
by rapporteur Trautmann with the Council is an even stronger statement. These 
two elements alone confirm that the French ‘three strikes’ scheme, HADOPI, is 
dead already.” explains Jérémie Zimmermann, co-founder of La Quadrature du 
Net.

To safeguard these provisions, the European civil society will have to be 
strongly mobilized during a conciliation phase that would proceed with a 
newly elected Parliament and a new Presidency. Furthermore, some provisions 
in the compromise amendments to the Harbour directive adopted today allow 
telecoms operators to alter the Internet as we know it. Nothing will forbid 
them to turn the Internet away from a neutral zone where people have equal 
access to all content applications and services.

As these provisions have been negotiatied with the Council, they are likely to 
become law. Citizens will have to be particularly attentive to the 
transposition and implementation of the adopted provisions. It would be 
disastrous for the Internet to stop being a space where all can create 
innovative services and contents without permission from gatekeepers. In 
order for consumers to be in a position to endorse equitable network offers 
and reject the discriminatory offers, it is essential for at least some of 
the offers to be non-discriminatory. We will call the regulatory authorities 
and the Commission to ensure it by all policy means.

“The strong statement for the access to the Internet as a fundamental right 
demonstrates that the Parliament can be courageous and reject the pressure to 
compromise when essential values are at stake. Unfortunately, on issues that 
appear more technical such as the absence of discrimination of services and 
contents on the Internet, the Parliament did not take the full measure of 
what it is at stake yet. Citizens must remain mobilized on these crucial 
questions.”, concludes Gérald Sédrati-Dinet, analyst for La Quadrature.

   1. 1. “The fourth element I would like to underline is the recognition of 
the right to Internet access. The new rules recognise explicitly that 
Internet access is a fundamental right such as the freedom of expression and 
the freedom to access information. The rules therefore provide that any 
measures taken regarding access to, or use of, services and applications must 
respect the fundamental rights and freedoms of natural persons, including the 
right to privacy, freedom of expression and access to information and 
education as well as due process?”, Commissioner Viviane Redding: 
http://www.europarl.europa.eu/sce/data/cre/doc/S0006346.doc.
   2. 2. 404 votes for, 57 against. 88% of the European Parliament approved 
again the amendment