Internet freedom as a civil right
The idea that the political party that introduced this country to the internet revolution could seek to restrict your access to the internet is simply unbelievable. So when, last Saturday, the Prime Minister announced his intention to enshrine internet freedom as a civil right he was not just setting the record straight. He was also elevating the recent Acta debate to a whole new level.
He gets my full congratulations.
The Prime Minister announced that the government would introduce new civil rights into our law, namely: the right to unrestricted access to the internet, the right to information and freedom of expression on the internet and the right to decide what information to share on the internet.
This announcement puts paid, once and for all, to any idea that, by signing Acta, the government wants to restrict access to or use of the internet or breach privacy. I have already written in this column about Acta, explaining that this treaty seeks to strengthen the fight against counterfeiting and piracy, which threaten jobs in the manufacturing industry and in the ICT sector.
In Malta, we have thousands of workers whose livelihood depends on these sectors. Those who are dead set against Acta – presumably without having read the text – have some explaining to do to these Maltese workers whose job is under constant threat from false products and from pirating. Just as they have some explaining to do to consumers who are victims of fake and substandard products.
But in my column I also acknowledged that serious complaints have been made in the sense that this agreement might restrict internet freedom. And I stated that “I, for one, would vote against Acta if these concerns proved valid”.
That was two weeks ago, before the Acta debate was turned by Labour into a partisan debate . This is unfortunate but not surprising given Labour’s penchant for opportunism.
The Nationalist Partty and our party in Europe, the EPP, were slated in the pro-Acta camp when, in fact, we are open-minded on the matter, ready to listen and debate. Indeed, no debate has yet started in the European Parliament, let alone a vote taken.
There is still time to do so and a final vote is not expected before June this year. So whether Acta will be adopted is still to be seen.
The agreement must also go through ratification in all EU countries and it is right that each national Parliament, not least our own, takes its time to adopt its position.
If the European Parliament votes against it, Acta will be dead in its tracks. The same might happen if any of the EU countries votes against it in the national Parliament, although the legal implications here are still not clear.
But, with his announcement, the Prime Minister has rightly focused the debate on the real issue. If the real issue is that internet freedom might be restricted, then the answer is that, far from being restricted, internet freedom should be considered as a civil right.
With this move, our country will obviate such concerns because it will give us a legal safeguard that no law or practice, Acta included, would be valid in Malta if it impinges on internet freedom. That is a legal safeguard as clear as they come.
Access to the internet is already recognised as a right in a growing number of countries and there have been moves – unsuccessful, so far – to enshrine it as a right in international law at the level of the United Nations.
The Prime Minister has now turned a challenge into an opportunity by taking the first steps towards an innovative legislation that spells out internet rights.
I hope that this civil right will not just form part of our laws but also of our Constitution. After all, the internet has changed our life and our world – from our economic to our social sectors. Thousands of jobs in our country already depend on it. It is, therefore, fitting that it should be legally protected in the highest law of the land. I also hope that the law would delve into other aspects affected by the internet, from privacy to data protection and the prevention of criminal abuse of the internet.
Only recently, the European Parliament adopted a law that provides for criminal sanctions against the sexual exploitation of children through the internet. And, just last month, the European Commission presented two new proposals to update EU laws on data protection.
Unlike those who jumped on the bandwagon one week ago, I follow these developments closely because I have been a member of the Civil Liberties Committee of the European Parliament for five years, leading my political group in it for two and a half years.
And I will also take the Prime Minister’s proposal with me to Brussels and will present it to the EPP.
In a knee-jerk reaction to the Prime Minister’s announcement, the Labour leader questioned whether the government has a majority to push this law through Parliament. I hope that, on deeper reflection, he will come up with a more introspective response. For logic dictates that if he truly means what he says about Acta, then he should wholeheartedly support the Prime Minister’s proposal and not question whether the government has a majority for it. That would provide the Bill with unanimity. As it should.
Dr Busuttil is a Nationalist member of the European Parliament.
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r buttigieg
Feb 16th 2012, 19:53
If, say, someone declares he cannot afford an internet service, does that mean that that person is being denied his/her civil rights? Or since its a right all internet service is now going to be provided free?
Mr Mike Rizzo
Feb 16th 2012, 14:49
"the political party that introduced this country to the internet revolution "
Give me a break! Why do our politicians have to attribute everything that happens in Malta to political parties and their policies? Dear Dr Busuttil, you may find this hard to believe, but things sometimes do happen because individuals, businesses, and other organisations take the initiative to make them happen, irresepctive of the party in government on the day.
The first people to introduce this country to the internet revolution were actually a bunch of academics at the University of Malta, often working beyond the call of duty and against all sorts of obstacles for no extra pay. This had absolutely nothing to do with any political party. Yes university activities had to be supported and funded, and government funding will have played its part. But there never was any direction setting coming from any political party until long after the university went online.
Subsequently a number of businesses started to offer Internet access to the public. I suppose Dr Busuttil could claim that his party's policy allowed them to do this, which one cannot take forgranted given Malta's past history in IT (Mintoff and computers anyone?) . But sorry to disappoint you Dr Busuttil - I'm afraid that act of "allowing businesses to offer internet access" does not count as "introducing the country to the internet revolution".
Alex Ellul
Feb 16th 2012, 11:26
@Wenzu Vella:
The difference between a PN voter and a PL voter is that a PN voter such as I can criticise and lambast the people I elect and give them all pieces of my mind, from time to time as necessary, without batting an eyelid, while PL voters just adore, idolise and drool over their demi-gods without batting their brains cells.
If you can understand the above, then it would be good for you and the country. If PL voters remain stuck to idolatry....
One other thing: Where were Dr. Joseph Muscat and his supposed advisors/shadow ministers when ACTA was being concocted? No need to wait for your answer; they were dozing.
pat muscat
Feb 16th 2012, 12:02
'Only the PN voters have a mind of their own'....a very open mind indeed!
Wenzu Vella
Feb 16th 2012, 13:37
Mr Ellul who you vote for is your business but whether or not you think that you can give your PN reps a tickle the fact remains they still would not take any notice of what you or others like you say because they are to busy looking after themselves. They have only one thing in mind and that is to make the gravy train last as long as possible.
I wish you well and if you like I could send you an Emu tail feather to tickle your friendly pollies with.
Emanuel Farrugia
Feb 16th 2012, 15:49
Alex Ellul said ; " The difference between a PN voter and a PL voter is that a PN voter such as I can criticise and lambast the people I elect and give them all pieces of my mind, from time to time as necessary, without batting an eyelid, while PL voters just adore , idolise and drool over their demi-gods without batting their brain cells ". Pray tell me Alex how many times did you criticise and lambast any candidate whom you elected ? Is this grace only open to you or can any PN voter or MP like Dr. Franco Debono criticise and lambast the PN without going through hell or receiving every insult under the sun from PN supporters in the newspapers and elsewhere ? Do you remember that incident when that lady at the University criticised Dr. Austin Gatt because of the inconvenience caused by a bad Public Transport service.? Why was she told to give her personal details to one of the Minister's staff ? Does'nt she, like you,have a right to criticise and lambast ? One other thing,some people have stated in these columns that ACTA was drafted behind everybody's back. A certain Mr. Kader for some reason resigned. So the answer is, are you sure the advisors/shadow ministers knew about it. Did you know from the start that the Prime Minister, the Ministers and Parliamentary Secretaries had awarded themselves a salary increase of initially 600 Euro per week ?
Martin Webster
Feb 16th 2012, 09:32
''the political party that introduced this country to the internet revolution''
Thank you so much. Tim Berners-Lee eat your heart out. What a catchy slogan.
Simon, one of your duties is to allow the conditions for business to flourish. The private sector made the investment, so any bragging rights should surely be theirs. Just how important do you think politicians are? I have never heard any political party, in the world, claim credit for introducing the internet.
You are our servants, not masters. Think Reagan - citizen politician. You have clearly been influenced by your European buddies, who need taking down a peg or to to 'arrogant', down from the current 'breathtakingly conceited'.
Just to make sure I'm clear on this - I owe no allegiance to any political party, have never voted, and will never vote until an enlightened statesman emerges from the rubble.
Emanuel Farrugia
Feb 16th 2012, 10:10
Mr. Martin Webster, you said ; " Just to make sure I,m clear on this - I owe no allegiance to any political party, have never voted, and will never vote until an enlightened statesman emerges from th rubble ". I do not know what criteria you would use to confirm a politiciian as a " statesman ". If you are dissatisfied and you want change, why do'nt you, come next General Election take a risk and vote for Dr. Joseph Muscat and his political party. He is projecting himself as being " Progressive and Liberal ". Maybe with your vote and that of your family, Dr. Muscat will be given the chance to emerge from the rubble towards statemanship.
And just to show you that we need change, just follow your comment and ALL the comments that will follow my comments when the dogs of war read it. With all due respect, I hope you will be civic minded and next time round, use your vote. You should not miss your chance to have your say once every Five (5) years.
Noel Cutajar
Feb 15th 2012, 16:54
Hija haga ta' skantament li sa ftit xhur ilu d-dvorzju ma kienx dritt pero l-uzu tal-internet iva...trid tkun Malta biex jghidu dawn l-affarijiet.
Emanuel Farrugia
Feb 15th 2012, 16:25
Dear Dr. Busuttil, this article is alll about damage control. In my book you do'nt first accept something and vote in favour and then when Pandora's box is opened you come up with the goods because it may be too late.
Mr Andrew Camilleri
Feb 15th 2012, 13:51
These four new 'civil rights' are absolute nonsense and they just represent Dr. Gonzi's opportunist reation ot the protest of last Saturday. These rights already exist at law, although not referring in particular to the internet. So why n ot a new civil right to ave acces to newspapers, to freedom of expression on newspapers or in books, etc? Come on, Dr. Busuttil, we know that an election is coming soon, but please stop treating us like 'cwiec'.
j brincat
Feb 15th 2012, 12:32
"In Malta, we have thousands of workers whose livelihood depends on these sectors. Those who are dead set against Acta – presumably without having read the text – have some explaining to do to these Maltese workers whose job is under constant threat from false products and from pirating. Just as they have some explaining to do to consumers who are victims of fake and substandard products"
Please quantify your 'thousands'.
But do you think that we really are that 'cwiec', as your PN pal referred to the Maltese race?
Come tell us how the 'thousands of our workers' are going to be protected from China and India?
We are waiting!
(jb)
(jb)
Alex Ellul
Feb 15th 2012, 11:30
We get the signal that ACTA, SOPA and PIPA were all fathered by Big Money, trying to protect themselves from the new information paradigm that was created by the 'net. We, the small pueblos, have adapted to this new paradigm, having found it to be good, same as God found it to be good when He invented the universe. The devil tried to ruin it all for Him. Same for the invention of the 'net, while we have found it to be good, Big Money is trying to ruin it all for us.
We have this new globalised societal paradigm which we little people are riding on and adapting to it as it evolves. It is Big oney which sees to be atrophied in the past and wants to keep its head buried in the past. It is Big Money that needs to adapt to the new paradigm, and not we adapt to |B|ig Money's money.
Alex Ellul
Feb 15th 2012, 10:58
Dear Dr. Busuttil. Let me start by declaring that I had voted for you in the Euro-parliamentary elections. |That's shows where I stand and am no hubby to JM who clutches at all joker cards that happen to pop up in front of him from time to time.
Now for the ACTA thingy:
Immaterial of whatever you wrote above, the following I consider as the most important and valued declaration from the EU side on the ACTA proposals. The EU appointed rapporteur, Kader Arif, as rapporteur, held the key role to getting the consent vote which would effectively mean the EU adopting ACTA. Kader Arif resigned from his position of the EU's rapporteur for ACTA.
Here is the full text of Kader Arif’s statement upon his resignation as ACTA rapporteur (translated from the original French ):
"I denounce in the strongest possible manner the entire process which has led to the signature of this agreement: failure to address civil society, lack of transparency since the beginning of the negotiations, successive reports of the signature of the text without any explanation, sweeping aside of the views of the European Parliament expressed in several different resolutions.
As rapporteur on this matter, I was confronted by unprecedented manoeuvres by the right of the Parliament to impose an accelerated timetable with a goal of passing the agreement quickly before public opinion could be alerted, depriving the Parliament of its rights of expression and the tools at its disposal to take account of the legitimate demands of citizens.
However, everyone knows that the ACTA agreement poses problems, that it is a question of its impact on civil liberties, responsibilities that it could impose onto ISPs, the consequences on the manufacture of generic medicines or the little protection that it offers to our geographic indicators.
This agreement could have major consequences on the lives of our citizens, and yet it seems that everything is being done to ensure that the European Parliament will have no voice in this chapter. Thus, today, in handing back the report that I have been in charge of, I hope to send a strong signal to alert public opinion to this unacceptable situation. I will not participate in this masquerade."
Dear Dr. Busuttil, it would be greatly appreciated if you can explain Mr. Kader's resignation and the reasons thereof.
Thanking you in anticipation,
A
Wenzu Vella
Feb 16th 2012, 07:28
Mr Ellul by your own admission you have voted for Dr Busittil, now you are lumbered with him. My advice to you is not to hold your breath waiting for an-explanation.
pat muscat
Feb 16th 2012, 09:00
Kader Arif is in the Socialist group; not a buddy of yours either! Hopefully your buddies are not the People's Party, who have voted behind our backs, to give a helping hand to big business and big pharma. Anyway its never to late to understand on whose side Dr Busuttil is on!
pat muscat
Feb 15th 2012, 10:20
Malta representatives ( read GonziPN' representatives) attended only one ACTA meeting out of ten! Iva, mela nirringrazzjaw li Dr Gonzi li anqas jaf x'qed jigri madwaru u imbaghad Dr Busuttil jippontifika fuq i-civil rights li gew abdikati fl-ACTA meetings go Brussels!
Christian Sciberras
Feb 15th 2012, 10:04
We're seeking the right to internet freedom when Go, Melita and the other service providers can't give me one damn 12 hours of straight full-marketed-speed internet connection?
What are you guys doing???
Or is it that maybe the nearing elections has to do with all this superficial state?
A. Caruana
Feb 15th 2012, 09:59
Of course you will defend the civil liberty of internet users simon. Just like you defended the civil liberty of trappers ?
Please choose the reason of your report below: