Intellectual property rights in the digital age - new approaches needed to guarantee freedom of expression, says OSCE media freedom representative

VIENNA, 24 January 2012 – The OSCE Representative on Freedom of the Media, Dunja Mijatović, today called for governments to reassess protection of intellectual property rights online, emphasizing the potential threat to individual freedoms posed by expanding legal rights and technological restrictions.

“Guaranteeing freedom of expression and intellectual property rights is important for a thriving creative industry in our information societies,” Mijatović said. “At the same time, copyright laws should be limited in time and scope, encourage innovation and not hinder the free flow of information and freedom of speech, especially on the Internet and across borders.”

“Mandatory monitoring of Internet content for copyright infringements could have a chilling effect on users engaging in political discourse.”

She added that the recent debate over the Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA) in the United States and the continuing discussion on the draft European Anti-Counterfeiting Trade Agreement (ACTA) shows that there is an urgent need to reassess the design and scope of international intellectual property rights in the digital age.

“Under no circumstances should the interests of rights holders be placed above the fundamental right to freedom of expression and the right to privacy. We need a new balance between the legitimate rights of the copyright holders and the creative exercise of everyone’s right to freedom of expression in the public domain.”

“I call on all OSCE participating States to come up with new approaches to protect both fundamental freedoms and intellectual property rights. These should reflect the spirit and pace of the digital age we are living in,” she said.

Mijatović urged governments to reconsider their Internet strategies, keeping in mind its borderless nature to ensure that the Internet remains an open and public forum for freedom of expression for their citizens, in line with OSCE commitments and international standards of media freedom.

“Governments must be aware that every attempt to regulate the Internet on the national level inevitably has global implications - because we still are fortunate to have only one Internet. Any online regulation should thus be considered carefully and debated openly, including with the industry, civil society, media and governments, in order to ensure that it does not lead to fragmentation or to cutting off users and interrupting the free flow of information,” she said.

For information on the promotion of Internet freedom see: //www.osce.org/home/80718 and //www.osce.org/fom/78309.