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EU to act on Eircom download rule
22 November 2009 By Adrian Weckler
The EU looks set to ban Eircom’s ‘three-strikes’ rule against broadband customers who download files illegally.
Under a law introduced by the EU telecoms commissioner, Viviane Reding, internet privacy and ‘‘fundamental freedoms’’ will forbid internet service providers (ISPs) from disconnecting illegal filesharers without judicial intervention.
The three-strikes rule has been championed by the international music industry, which has seen its profits plummet in recent years. As well as being adopted by Eircom, it has become law in France and is scheduled to become law in Britain next year.
However, a telecoms reform directive, due to be transposed into law next year, may outlaw the rule. "[Termination of internet access] may only be imposed . . . in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms . . . including effective judicial protection and due process," it reads.
‘‘This new internet freedom provision represents a great victory for the rights and freedoms of European citizens," said Reding. ‘‘Three-strikes laws, which could cut off internet access without a prior fair and impartial procedure or without effective and timely judicial review, will certainly not become part of European law."
Reding said that the creation of legal downloading services was a better way of dissuading illegal downloading. ‘‘The promotion of legal offers, including across borders, should become a priority for policymakers," she said.
Earlier this year, Eircom agreed to implement a three strikes rule, following legal action from the Irish Recorded Music Association (Irma), which represents international music publishing companies in Ireland. However, an Eircom spokesman said none of its customers had yet been disconnected from its broadband service under the scheme.
An Irma legal action against BT Ireland was discontinued last week, as BT Ireland has transferred all of its home internet customers to Vodafone.
However, an Irma spokesman said the body would proceed with legal action against UPC, owner of Chorus-NTL.
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