Norwegian Consumer Council calls for Internet complaint board

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The Consumer Council of Norway proposes to establish a public committee to address complaints on copyright infringement.

Øyvind Herseth Kaldestad Kommunikasjonsrådgiver forbrukerpolitikk, 09.10.2008 08:34

The Consumer Council of Norway has initiated dialogue with key stakeholders within the copyright industry and the ISPs exploring the possibilities to establish an independent committee that can act in cases of alleged copyright infringement and other allegations of misconduct on the internet.

- According to recent national and EU regulatory initiatives, the future of combating piracy is joint collaboration between holders and ISPs. At the same time, anti piracy measures shall not conflict with citizens' fundamental rights, including the right to privacy and the right to due process, says legal officer Hans Marius Graasvold of Norwegian Consumer Council.

- This was clearly stated by the European Parliament when voting over proposed amendments to European telecom regulation.

Although several issues remain to be identified and assessed, the initiative has been well received by a broad array of stakeholders, including the Norwegian ICT association ‘IKT-Norge’ and key Norwegian ISPs.

Graduate response

In the absence of police and court authorities, who often dismiss copyright complaints on grounds of lack of recourses, rights holders have turned to private investigation and enforcement in order to protect their rights.

During the last couples of years the publishing industry has schemed a solution to fight piracy – referred to as ‘graduated response’. This means that a consumer who does not adhere to repeated complaints on copyright infringement, risks losing access to internet.

- Graduated response – in the shape given to it by IFPI and other rights organizations – deprives consumers who face such allegations the right to due process and the right to privacy, says legal officer Hans Marius Graasvold.

The Consumer Council of Norway acknowledges copyright as such, and the general idea that whoever holds copyright should have access to justice if copyright is violated. But strongly believes that graduated response creates legal uncertainty for the alledged perpetrators – the consumers.

- The consumers have – under contract with the ISPs – due rights and expectations with respect to internet access on neutral terms and legal protection against arbitrary termination of the contract, says Hans Marius Graasvold.

- Also, in a macro legal perspective, cutting of internet access as a means of enforcement violates one of the principles regarded as the pillar of Community regulation; proportionality.

Alternative Dispute Resolution

The mandate for a public committee will be to act both as an ADR body and – in some cases – a complaint board. The Consumer Council also suggests that the committee should be administered by a public authority and vested in the Norwegian e-commerce act.

- When faced with allegations of misconduct, a consumer may further the complaint to the committee for neutral, third party consideration. Any decision made by the committee should be subject to appeal upon request from any individual or legal entity affected by the decision, says Hans Marius Graasvold.

A recent report by the publicly appointed Norwegian Privacy Commission also lends support to the idea of an ‘Internet Committee’. The commission puts forward concrete proposals along the above mentioned lines and suggests that a committee may not only address copyright cases, but also cases encompassing privacy and libel and defamation issues.

The Consumer Council of Norway hopes to progress with this initiative throughout 2008, and aims to put forward a proposal by mid 2009 to the Norwegian government, hopefully initiating the establishment of a committee in due time thereafter.

Contact:
Hans Marius Graasvold
+47 400 38 800
hans.marius.graasvold@forbrukerradet.no

- According to recent national and EU regulatory initiatives, the future of combating piracy is joint collaboration between holders and ISPs, says legal officer Hans Marius Graasvold. (Foto: Knut Falch)