Top European court to rule on ACTA legality

 

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By Stewart Mitchell

Posted on 22 Feb 2012 at 13:29

The European Commission is to ask the EU's highest court to examine the controversial Anti-Counterfeiting Trade Agreement to see whether it breaches any European laws.

ACTA sparked protests around Europe as it progressed through the ratification process, with critics claiming it will lead to web censorship.

The unpopular proposal, pushed through amid much secrecy and input from industry, has already negotiated several hurdles of Brussels' convoluted legal process, but will now face inspection from the European Court of Justice.

“We are planning to ask Europe’s highest court to assess whether ACTA is incompatible - in any way - with the EU's fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property,” said Commissioner Karel De Gucht, announcing the news.

ACTA will not hinder freedom of the internet or freedom of speech. Let's cut through this fog of uncertainty

“I believe the European Commission has a responsibility to provide our parliamentary representatives and the public at large with the most detailed and accurate information available. So, a referral will allow for Europe’s top court to independently clarify the legality of this agreement.”

Misinformation

However, De Gucht said the primary purpose of the referral was to shed light on the treaty, and clear up misinformation.

“I welcome that people have voiced their concerns so actively – especially over the freedom of the internet," De Gucht said.

“And I also understand that there is uncertainty on what ACTA will really mean for these key issues at the end of the day. This debate must be based upon facts and not upon the misinformation or rumour that has dominated social media sites and blogs in recent weeks.”

He played down its impact on internet freedoms, saying many of the agreement's proposals were already law in the EU.

“ACTA will change nothing about how we use the internet and social websites today – since it does not introduce any new rules. ACTA only helps to enforce what is already law today,” he said.

“ACTA will not censor websites or shut them down; ACTA will not hinder freedom of the internet or freedom of speech. Let's cut through this fog of uncertainty and put ACTA in the spotlight of our highest independent judicial authority: the European Court of Justice.”