Internet freedom: European Parliament consigns ACTA to history

On July 4th the European Parliament rejected the controversial trade agreement ACTA. As a result, the agreement cannot enter into force in Europe and is consigned to history – a big success for the Greens, who have long argued against ACTA.

ACTA would have threatened fundamental internet freedoms and has provoked criticism around the globe. The Anti-Counterfeiting Trade Agreement (ACTA) was signed on 26 January by the European Union and nine other states with a view to creating a common framework for the protection of intellectual property rights. However, the agreement would have only come into force in Europe if it had been ratified by the European Parliament and the 27 national parliaments in the EU.

The Greens in the European Parliament have been opposing ACTA for two years but couldn’t stop the EU Commission and the EU Council, which are both dominated by the conservative European People’s Party, from pressing ahead with it. However, thanks to the wave of public protest, it was now possible to mobilise a majority in the European Parliament to finally stop ACTA.

Protecting intellectual property is a legitimate goal, but a number of the means chosen by ACTA are disproportionate and harmful. ACTA would make it easier for holders of intellectual property rights to enforce their interests through ‘privatised’ means while the rights of users would not be safeguarded to the same extent. The agreement would introduce voluntary cooperation between internet providers and holders of intellectual property rights with the risk that users would face sanctions without due process.

ACTA would, for instance, make it possible to block or filter users’ access to the internet. Moreover, the industry would be entitled to claim disproportionate damages because these claims would be calculated based on the sales value of all the files exchanged despite the fact that, had these files actually been sold, the numbers would be far lower. Furthermore, ACTA would make it more difficult for developing countries to access generic (i.e. affordable) medications.

Moreover, the way in which ACTA has come about is problematic. It was negotiated in secret talks by a ‘coalition of the willing’ against the opposition of developing and emerging countries. The negotiating documents are still not publically available and the drafts of the agreement were only made public following massive pressure by the European Parliament.

For all these reasons, the Greens in the European Parliament have fought against ACTA for the last two years. They commissioned two studies examining ACTA’s consequences for fundamental rights and access to medicines, which proved the great problems and risks the agreement would entail (see links to the studies below).

After the signing of ACTA, it was up to the European Parliament to ratify, or not, the agreement. After five parliamentary committees had already voted against ACTA, the Parliament as whole on July 4th rejected the agreement. As a result, it cannot enter into force in Europe and is consigned to history.

Additional information

Greens/EFA press release: ACTA consigned to history (04.07.2012)

Greens/EFA press release: Writing on the wall for ACTA as MEPs vote to reject controversial treaty (21.06.2012)

Greens/EFA press release on the latest development regarding ACTA (25.04.2012)

Greens/EFA press release on the vote on ACTA (27.03.2012)

Greens/EFA press release on referring ACTA to the European Court of Justice (22.02.2012)

Greens/EFA article: ACTA and basic rights (10.02.2012)

Greens/EFA press release on the signing of ACTA (16.12.2012)

Greens/EFA previous activities opposing ACTA

Studies on ACAT commissioned by the Greens/EFA:
– ACTA and Access to Medicines
– Compatibility ACTA with the European Convention on Human Rights & the EU Charter of Fundamental Rights

Opinion on ACTA by European academics

Text of ACTA (PDF)