After months of negotiation, the Council, Parliament and Commission finally agreed a text on Internet blocking where everyone appears to have got what they wanted, except the European Commission. The agreed text now needs to be signed off by the political groups, before being put to a vote in the Civil Liberties Committee on 12-13 July 2011. A full vote of the European Parliament's plenary in September will definitively end the process in that institution.
The provisional text removes the proposed obligation on EU Member States to introduce web blocking and also removes the wording which proposed encouragement and "stimulation" (sic) of Internet providers to introduce blocking outside the rule of law.
The explanatory "recital" that is meant to provide clarification of the meaning of the main article is entirely schizophrenic. For those who wish to ignore the European Charter and European Convention on Human Rights, the explanation says that these provisions "are without prejudice to (unspecified) voluntary action taken by the internet industry." Neither"voluntary" or indeed what "action" is referred to is explained.
For those who wish to see provisions of Article 52 of the Charter and Articles 8 and 10 of the Convention respected, particularly with regard to the need for restrictions to be based on law, the text explains that "Member States should ensure that it provides an adequate level of legal security and predictability to users and service providers." This wording echoes rulings from the European Court of Human Rights interpreting the concept of "in accordance with the law" in various existing rulings.
The final compromise text allows blocking, doesn't require blocking, allows "voluntary" actions but does not explain what this might be, prohibits voluntary blocking, but possibly not in an enforceable way and suggests Member States should take action to remove the material at source, but uses wording so weak that it is practically unenforceable.
The European Commission's Communication "Towards an EU Strategy on the Rights of the Child" adopted in 2006 established a set of specific objectives for the Union. - item 6 was "communicating more effectively on children's rights". It is to be hoped that the chaotic mess that was adopted does not effectively communicate the coherence, quality and priorities of the European Union in this policy area.
EU Child Rights Communication
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2006:0367:FI...
EDRi's blocking booklet
http://www.edri.org/files/blocking_booklet.pdf
Compromise text and analysis
http://www.edri.org/blocking_negotiations
Proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (29.03.2010)
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0094:FI...
Impact assessment (25.03.2009)
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2009:0355:FI...
Commissioner Malmström's blog (in Swedish and English) on this issue (29.03.2010)
http://ceciliamalmstrom.wordpress.com/2010/03/29/ett-slag-for-barnens-...
MOGiS (abuse survivors against internet blocking): Remove, don't block! - Act, and don't look away!
http://mogis-verein.de/eu/
(Contribution by Joe McNamee - EDRi)
http://www.edri.org/edrigram/number9.13/compromise-text-internet-blocking