On the 13th of July 2011, Italian MEP, Sonia Alfano (ALDE – IDV) questioned the European Commission on the New Italian Draft Regulation on Online Copyright. She seriously put in doubt in her question the legal base of this measure.
MEP Alfano stressed that “Freedom of expression and information, guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union, are seriously threatened by this procedure. Article 52(1) of the Charter provides that ‘Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of these rights and freedoms’. In view of this, does the Commission, as guarantor of the Charter of Fundamental Rights, intend to take any action against the Italian legal system to prevent the effects of this unjust administrative procedure from spreading, and what form will that action take?”
Commissioner Kroes (Digital Agenda) had answered by the end of August that the AGCOM will need to take in account Human Rights and European Charter of Fundamental Rights.
The Vice President recalled that in the European law the enforcement of IP right has to be “effective, proportionate and dissuasive” and that every member state has to adopt every measure in relation with the access of the users to the net or to the use of electronics communication services respecting the human right and fundamental rights are garanteed in the European Charter of Fundamental Rights. “Such measures may only be imposed if they are appropriate, proportionate and necessary within a democratic society “.
The European Commission stressed in it answer that they are currently analysing the draft regulation and that they had noticed the changes made by AGCOM on the final draft.
Parliamentary questions 13 july 2011 question for written answer to the Commission E-006948/2011