BELGIAN INTERNET service provider Scarlet can’t be forced by a national court to block users from illegally sharing music and video files, an adviser to the European Union’s highest tribunal said.

“EU law precludes a national court from making an order, on the basis of the Belgian statutory provision” that requires an internet service provider to install a system for filtering communications, advocate general Pedro Cruz Villalón of the EU Court of Justice said in a non-binding opinion handed down yesterday. The Luxembourg-based EU tribunal follows such advice in most cases.

A Belgian court last year sought the EU top tribunal’s guidance on whether forcing an ISP to stop illegal file sharing on its network is in line with the 27-nation bloc’s rules. Belgian music-copyright group Sabam started the legal fight over the use of so-called peer-to-peer software for file sharing.

In Ireland, Eircom implements a “three strikes” system with the music industry, whereby customers found to be repeatedly sharing copyrighted material have their broadband connection cut off.

It was introduced instead of a filtering system, which the music industry had originally sought, but the courts have subsequently found there is no power in Irish law to force other ISPs to operate the system.

“In a week where we have seen the outgoing administration in New Zealand push through a ‘three strikes’ law in its dying days, which Alto believes is wrong, and indicative of a massive democratic deficit,” said Ronan Lupton, chairman of telecoms industry group Alto.

“We restate precisely what we have said all along, that ‘three strikes’ laws and private filtering deals infringe users’ fundamental rights. This view has been deemed correct by Europe’s most senior jurist.”

The New Zealand parliament Copyright (Infringing File Sharing) Amendment Bill puts the onus on those accused to prove their innocence, while not allowing them to hire lawyers. – (Bloomberg)