Freedom of expression staggers, even on the Internet
2002/03/31 Mendiburu, Joana - Elhuyar Zientziaren Komunikazioa
If you are one of those who only uses the Internet to read the newspaper, or if you do not use it from time to time to receive information on a topic, know that the new law LSSI (Law of Services of the Information Society and Electronic Commerce) has put all Internet users to dance. Then you will see that it is not for less!
In particular, there are several sections of the preliminary project that have provoked the debate between all groups and users of the Internet. Among others, the right of the administration to sanction or close websites, the start-up of the registration of Internet addresses and the large number of fines provided are the most criticized aspects of the draft. From the online store to personal websites, all of them would be registered and the administration, without consulting anyone, would penalize or close the websites according to their own criteria. In addition, very expensive fines of up to 600.000 euros are expected. Therefore, the law, apart from the initial idea, will not only regulate the activity of websites for economic purposes.
Where does the idea come from?
In June 2000, in the midst of the rise of the Internet, the European Union wanted to promote networked commerce, and to do so, without wasting time, it wanted to give the legal framework. Thus, he hoped to improve his position with American companies. The aim of this directive was to lay the basis for legislation in fifteen European countries. In this way, companies from any country would have the same legal guarantees.
The directive is very general and makes available to each country controversial points such as the definition of the service provider or the debate on unsolicited commercial messages. That is, as propaganda that reaches the mailboxes of the homes, decide by email if you have to measure the propaganda.
According to this LSSI directive, in Spain there is a legal text that governs the use of the Internet and electronic commerce. According to the official version, it is essential for the development of electronic commerce and internet services. In its view, the law provides service providers and users with a legal framework. But Internet users do not match the official version.
It has been a couple of months since the Council of Ministers approved the LSSI. Now only the approval of parliament is missing. Apparently, parliamentary formalities will conclude in September and probably opposition political groups, by limiting freedom of expression on the Internet, oppose the project. But it is known who has the absolute majority in parliament and the law should have no problems to move forward.
Echo of contraries
Since the Ministry of Science and Technology introduced the draft law, a broad campaign of protest has been carried out among Spanish Internet users. The political groups of the parliamentary opposition and the Internet collectives have shown their opposition to the project.
In the opinion of the lawyers of the website Kripropolis.com, which has decidedly opted for the rights of the network, the law is not accurate and the right of an official to close a website is not legitimate. Such decisions should be legal and not be in the hands of the administration. In addition, Internet users fear serious sanctions and denounce that the information will be censored. In fact, administrative (and non-legal) control could close independent media with a non-favorite editorial line or search engines linking websites to a criminal activity.
The aim of these groups is to reject the LSSI in Parliament. It doesn't seem wrong to control Internet commerce in part, but they don't want websites reporting for free to mix with those making economic transactions. The information is freedom of expression and not merchandise.
As for transactions on the Internet, remember that the objective was to give legal framework to this activity, according to lawyer Martí Manent, the sense of security that the law generates in consumers will be more psychological than real. In fact, the existence of a law that protects purchases over the Internet facilitates the purchase of people, but it must be remembered that the legislation that protects the rights of consumers takes time and serves also for purchases on the Internet. He denounces that little will change in this sense.
On the other hand, the law prohibits the sending of ads by Internet without the consent of the recipient. For many, by not regulating the house mailbox ads, this decision is abusive. However, for the sender the sending of ads over the Internet is much cheaper than conventional channels and, therefore, it is an activity that, in the absence of regulations, could multiply enormously. The mail account of the recipient can be complete. However, the authorization of the recipient would allow the sending of ads.
Published in 7K.
Gai honi buruzko eduki gehiago
Elhuyarrek garatutako teknologia
