Yesterday, deputy of the Verkhovna Rada of Ukraine, Alexander Feldman registered bill «Guaranteeing rights physical persons to have access to the Internet. " According to the bill proposed to include the right of access to the internet to basic human rights. Here's a response received State Service of Intellectual Property of Ukraine for their initiative "antipiracy law». H5>
On a short and concise law can only dream of, typically dozens of pages of text with a bunch of edits and loopholes for those lobbying law. In this case, the bill came down to three points: 1. Individual has the right of access to the Internet.
2. The right of an individual to have access to the Internet can not be restricted.
3. Restrict access to specific data that is stored on the Internet, is possible only on the basis of a court decision on the illegality of such data. B>
The explanatory note to the bill MPs have the following motivation:
& quot; ... Today in Ukraine access to the Internet is not such, which is guaranteed by the state at the level of other human rights. Therefore remains plausible situation where access to the Internet may be limited. But attributing internet access to human rights, such restrictions are automatically intercepted ... & quot;
& Quot; ... The bill proposes to include the right of an individual to have access to the Internet for personal non property rights that provide a social life ... & quot;
& Quot; ... United Nations Human Rights Council has confirmed that the same rights as the person in offlanovoy environment should be protected and online, in particular the right to express thoughts, regardless of frontiers, and for any person selected media, in accordance with Articles 19 Declaration of Human Rights and the International Covenant on Civil and Political Rights (Resolution A / HRC / 20 / L.13) .In practice, the European Court of Human Rights, the question about access to the Internet has become the subject of a separate study back in 2012. In the решении in the case "against Turkey Ahmet Yuldirim" ECHR (application № 3111/10), it was found that "the need to recognize the right of unimpeded access to the Internet» ... & quot;
& Quot; ... The adoption of the proposed legislation to ensure free and non-discriminatory access to the Internet, and will not allow to restrict the freedom of citizens to have access to the Internet as one of the key freedoms of the modern information society ... & quot; i>
Sounds all this, of course, very nice and very well, and as will, in practice, we'll see. Here in Ukraine the presence of some of the law does not necessarily imply its execution, and the court can prohibit anything, would be money. The bill sent to the relevant committees, will monitor developments.
Recall the State Service of Intellectual Property of Ukraine three times tried to push through "anti-piracy law," but all to no avail. The bill allows the subjects of copyright and related rights in the event of violation requesting service (provider of telecommunications operator) to the alleged violation, if there is no response to the statement by the owner of the site for 2 days, Customer Service is obliged to block a site that actually permit holders to block content without a court or other competent authority.