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November 6, 2009

EU promises illegal downloaders a fair trial

New legislation cover all 27 member states

Carrie-Ann Skinner

The EU is introducing legislation that will ensure web users accused of illegally downloading are put through a "fair and impartial procedure" before being disconnected.

Measures to tackle internet piracy outlined by Lord Mandelson last month will see those suspected of illegal file-sharing issued with two warning letters before having their internet access suspended. The measures are expected to come into force next year.

While Mandelson claims "technical measures will be a last resort" and a "proper route of appeal" will be available for those suspended, other organisations including ISP TalkTalk claim some web users will be unfairly punished by the measures, that take a 'guilty until proven innocent' approach.

Under the New Telecoms Reform Package, web users thought to be illegally downloading in any of the EU's 27 member states will have a fair trial before being disconnected.

However, the EU hasn't defined what constitutes a "fair and impartial" trial.

"It has been long hard battle but at least all sides have acknowledged that fundamental rights of users need to be guaranteed in the digital world," said Monique Goyens, the director general of BEUC, the European Consumers' Organisation.

"However, these rights will be meaningless if Hadopi-style laws are allowed to be enforced at national level," she told the referring to BBC legislation passed in France earlier this year.

The legislation sees accused illegal downloaders issued with warning letters and emails, followed by a year's ban from the web if they caught offending for a third time.

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Comments

What are your views on this subject? Use the form below to post a comment on this article up to 1000 characters.

Comments received

R J Sebire said on Sunday, 08 November 2009

I never received any letters or clarification of what was illegal to download, many sites ask you to upload or download expecting you to know the countrys legal status regarding downloading. And unfortunatly nobody knows which sites are legal or not.
I am being sued for downloading a cd album, which I own, but couldnt rip at 320 kbs only at lower quality, so I downloaded it from the piratebay to get a good quality rip, and I got a letter saying I was being sued and tiscali, now talktalk had given them my details.
Well the piratebay closed down and they wanted £500 out of me. Now the piratebay is back I've heard nothing more and hopefully never again.

marble blast said on Thursday, 19 November 2009

t@R J Sebire .. you would think the name "the pirate bay" would clarify what you were doing !! i think if someone gets a letter they should also at some point have a warrent to insect their computer as clearly there will be downloaded material that has been stolen online and not bought and then the theft can be proven

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