Internet access a human right - UN report

A UN report which concludes internet access is a human right says graduated response schemes – such as New Zealand’s three strikes law – may violate the International Covenant on Civil and Political Rights.

The report was written by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and “considers cutting off users from internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.”

The report also “urges States to repeal or amend existing intellectual copyright laws which permit users to be disconnected from Internet access, and to refrain from adopting such laws”.

New Zealand, Britain and France are among the countries with existing laws allowing copyright offenders to be disconnected from the Internet.

New Zealand recently passed the Copyright (Infringing File Sharing) Amendment Bill, which allows a fine of up to $15,000 and possible internet account termination to be levelled on repeat copyright offenders.

Read about the New Zealand legislation here

The legislation, passed under urgency, caused a strong backlash from consumer groups, internet service providers (ISPs) and academics.

In Australia, the report has prompted a significant change in position from the music industry, which has backed down from its long-held position that repeat offenders should be disconnected.

However, the Australian Federation Against Copyright Theft (AFACT), which represents film studios, hasn’t changed its stance after the report, arguing protection of intellectual property is a human right.

The Australian government has not passed legislation on the issue, saying it would prefer the industry and ISPs to negotiate a solution.

Colin Jacobs, chairman of the online users' lobby group Electronic Frontiers Australia, said cutting somebody off from the internet was an "enormous penalty" and a breach of human rights.

"It diminishes or even removes a person's ability to communicate with the world and partake in civil society," he said, adding that only courts could decide whether someone had broke the law.


(2011-6-7/3news)