The European Court of Justice yesterday gave a clear signal it will defend the privacy of individuals using the internet.
In a “very relevant” judgement on the ongoing debate on Acta, the ECJ ruled that online social networks could not be forced to block users from downloading songs illegally as that would push up their costs and infringe on privacy.
In 2009, Sabam, a music royalty collection society, asked the Belgian courts to order Netlog, which runs an online social network, to stop users illegally downloading songs from the society’s portfolio. The Belgian judicial authorities referred the case to the European Court, which yesterday ruled in favour of Netlog.
“The owner of an online social network cannot be obliged to install a general filtering system, covering all its users, to prevent the unlawful use of musical and audiovisual work,” the ECJ decided.
“Such an injunction would result in a serious infringement of Netlog’s freedom to conduct its business because it would require Netlog to install a complicated, costly, permanent computer system at its own expense,” it said.
Protesters fear Acta may curb privacy rights
The ECJ also ruled that forcing companies to install a filter to identify, analyse and process users’ personal information might infringe their privacy and could result in the blocking of lawful content.
Commenting on the judgement, EU officials said the decision further clarified the EU’s position on internet freedom and privacy.
“This is a very important decision, particularly on the ongoing debate,” an official said.
“The protection of privacy is fundamental for the development of the EU’s Single Digital Market and this judgement gives greater legal certainty to internet providers and ensures protection for the right to publish content without prior censorship,” he said.
Controversy erupted a few weeks ago across the EU following the initialisation of a new multinational Anti-Counterfeiting Trade Agreement – or Acta – aimed at establishing international standards for intellectual property rights enforcement.
Protesters fear the agreement might curb their privacy rights and will involve more scrutiny by internet service providers.