Seanad debates

Thursday, 26 April 2007

10:30 am

Photo of Paschal MooneyPaschal Mooney (Fianna Fail)

I discovered in recent days that teenagers sharing video and music files on the Internet may face prison sentences under what a European consumer group has referred to as ill thought out and potentially disastrous copyright laws that are currently being debated by the European Parliament. The provision in question, which was introduced by a socialist MEP from Italy, is being backed by the European Commission. This is a matter of grave concern. The British Government has already advised its MEPs, of all parties and none, to vote against the measure, and the Dutch Parliament has also condemned the proposal.

The senior legal adviser of the consumer group in question, BEUC, has said the provision will impact on persons uploading files to such popular sites as MySpace, Bebo and YouTube. Members with teenage children will be familiar with these sites. Under the draft law, users who download content from such sites for no personal gain may face criminal as distinct from civil prosecution. Companies in the music industry, for example, regularly take action to protect their copyright laws through civil actions. This proposed law goes even further.

I understand the first draft of the provision was debated by the European Parliament yesterday. It is being actively supported by the Commission. What is the position of the Irish MEPs on this outrageous intrusion into the lives of teenagers? It is another example of the EU's competence coming into question. It would be better off addressing some of the more important issues facing the world rather than trying to lock up 14 and 15 year olds who download files not for personal gain but to share with their friends. I refer to MEPs as well as the Commission, which seems to have become involved in an unholy alliance on this issue. I emphasise the importance of establishing the Government's position on this issue and, more specifically, that of the MEPs of all parties. Did they support this vote in the European Parliament yesterday? I was unable to obtain any up-to-date information on how the vote went but it is almost certain that the draft law was supported by the majority of MEPs.

This issue should be reconsidered. It is especially pertinent given the problems we encounter in encouraging teenagers to connect and relate to the political space in which all of us operate. This is mainly because of their view that the laws we enact have no impact on their lives. If this law goes through, however, it will be binding on member states and will create a minimum legal sanction which can then be increased by member states up to the maximum. None of us wants a situation where gardaĆ­ are obliged to call to the doors of teenage children to arrest them for such activity.

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