Cultural industries: MEPs and BEUC reject 'Graduated Response'

10 April 2008
by eub2 -- last modified 10 April 2008

This morning the European Parliament voted in plenary session on the report by Mr Guy Bono (French Socialist MEP) on cultural industries in Europe.

Although the report recognises the need to ensure that cultural industries and artists receive a fair remuneration for their   work,  particularly in the digital environment, it clarifies that "criminalising consumers who are not seeking to make a profit is not the right solution to combat digital piracy" and expresses the wish to "avoid the adoption of measures running counter to human rights, civic rights and the principles of proportionality, effectiveness and deterrent effect, such as interruption of access to the internet".

The European Parliament has thus spoken out against the idea of the "Graduated  Response" advocated notably in France by the Oliviennes Report, which aims at cutting off the internet access of people suspected of illegal downloading. This measure is disproportionate, inefficient and, which is more serious, violates some fundamental rights such as the right of presumption of innocence and of data protection. This option is contrary to all the procedural safeguards foreseen at European level in the European Convention  for  the Protection of Human Rights, and notably  the  right of every person who is accused of a crime to a fair trial.

According to Monique Goyens, Director General of BEUC, "The Graduated Response goes against some of  consumers'  fundamental rights and we applaud the European Parliament and its MEPs for rejecting today the idea of its diffusion in Europe".

The European Consumers' Organisation (BEUC) was created in 1962 by the consumer organisations of Belgium, Luxembourg, France, the Netherlands, Italy and Germany. After working together for a number of years, these organisations decided to create a European association, based in Brussels, right at the heart of Community policy. BEUC was a pioneer, one of the first lobbying organisations to set up base in the European capital in a bid to influence the decision-making process.

BEUC - The European Consumers' Organisation