Joe McHugh (Donegal North East, Fine Gael)
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Question 55: To ask the Minister for Communications, Energy and Natural Resources if he intends to legislate on foot of the EMI Records (Ireland) Limited and others versus UPC Communications Ireland Limited; and if he will make a statement on the matter. [37885/10]

Eamon Ryan (Dublin South, Green Party)
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The matter to which the Deputy is referring is the judgment delivered by the High Court on 11 October 2010 in a case taken by a number of record companies against an Internet service provider seeking an injunction, pursuant to the Copyright and Related Rights Act 2000, to prevent the illegal downloading of copyrighted material over the Internet.

While responsibility for the Copyright and Related Rights Act 2000 falls to my colleague the Minister for Enterprise, Trade and Innovation, my Department has an important role to play in this matter given our role in setting and implementing the EU regulatory framework for electronic communications networks and services.

One of the provisions of the revised EU regulatory framework which was adopted last year concerns restrictions on access to and use of services and applications through electronic communications networks, including Internet access.

Under this provision Member States may only impose restrictions on such access subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.

In adopting this provision, the Council and Parliament have sought to strike a balance between the rights and freedoms of persons to access material and information on the Internet and rights of copyright holders to protection from illegal downloading of their material.

The judgment of the High Court raises a number of important issues which require careful consideration. Illegal file sharing is unacceptable and must be tackled effectively. Of course, any measures introduced on foot of the judgment will have to take account of the requirements of the revised Framework Directive. Other countries are considering how best to legislate for this matter including Belgium, whose national court has referred a case to the European Court of Justice seeking clarification. My officials will work closely with the Department of Enterprise, Trade and Innovation as well as the Attorney General's Office as appropriate, to identify the options available for addressing the issues raised in the judgment while fully complying with European law requirements.

I have also recently met with representatives of the music industry and I am pleased that they will be participating in Ireland's Digital Future Forum which will be addressing these issues in a consultative manner.