Skip to content
Subscribe

Confusion Over ACTA Provisions Leads to Misinformation

Published:

Earlier this year, an IVN contributor reported that while the stated purpose of the ACTA treaty is to curtail international piracy of copyrighted material, in practice, it would be used to curtail speech, expression, and even Internet access. Furthermore, the article stated that, "for those that care about Internet freedom this news  is a ray of sunshine."

Gathering factual information about the Anti-Counterfeiting Trade Agreement over the Internet, however, is a difficult task. Rather, much of the related content online is editorial commentary suggesting that freedom and liberties are at stake, but rarely do any of the commentators substantiate these concerns.

ACTA is a trade treaty. In order to be binding it needs to be implemented into the national law of each undersigning country; it is not self-executing. Accordingly, Section 1, Article 2 reads, “[E]ach party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.”

A treaty, in general, has to accommodate many needs in the sense that it has to be compatible with the laws of the undersigning countries.

In short, to implement ACTA provisions, a country has to legislate in a manner that is congruent with its national laws. In the context of European law, a directive would have to be enacted and, in accordance with that directive, member states would implement the policy into their own laws.

Many provisions of ACTA resemble those of TRIPS, a European directive from 2004, and the KORUS Agreement. In other words, most European countries are already subject to rules and regulations proposed by that directive.

For example, the definition of intellectual property in ACTA resembles Part II of the TRIPS Agreement regarding copyrights, trademarks, geographical indications, industrial designs, patents, layout-design/integrated circuits, and protection of undisclosed information. An individual's idea or expression is not subject to the agreement.

Specifically pertinent to Internet issues is Section 5, Article 27. This section proposes civil and criminal enforcement procedures against infringement and copyright protection. Furthermore, this provision must be read together with its footnote, which suggests remedies against service providers. These suggestion, if implemented, could allow providers to monitor contents. However, the enforcement mechanisms described in Article 27 are not mandatory under ACTA. In fact, the footnote begins, “For instance, without prejudice to a Party's law,” indicating that it merely is an example, not a mandate.

All things considered, ACTA is not dead, nor is it alive. It merely reflects the current legal position and a road-map for future legislation. However, a criticism of ACTA is valid if it is considered in its full context. Why China is not one of the participating countries, for example, is a valid question and should be critically considered. On the other hand, while the ambitions behind the treaty are questionable, Internet groups that raise unsubstantiated hysteria should not be at the forefront of the discussion.

Adhere to the IVN etiquette

By posting a comment, you agree to adhere to our etiquette rules: No partisan attacks, no personal attacks, substantiate your sources, no self-promotion.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Republish this article

Republishing guidelines

Republish IVN articles for free. Independent Voter News articles may be republished online or in print under a Creative Commons BY-NC-ND 4.0 license, on these terms:

  1. Credit the author and IVN. Keep the byline ("By Author Name, Independent Voter News") and the attribution note at the end, which links to the original.
  2. Keep the meaning. You may update time and place references and apply your house style. You may trim for length, as long as the cuts don't change the meaning or misrepresent the author. Keep the headline. Mark any additions as your own (for example "Additional reporting by ...").
  3. Translations are welcome. Translate faithfully, add "Translated from English by [your outlet]", and tell us at editor@ivn.us.
  4. Keep the links, including the link to the original article.
  5. Keep the tracking image. The HTML includes a 1-pixel image that counts readers on your page. It collects no personal information.
  6. Photos and illustrations. Images credited to IVN may be used with this article only. Images credited to others (AP, Getty, Unsplash, Wikimedia and so on) stay under their owners' terms. Secure the rights or switch "Include images" off.
  7. Don't sell it. You can't sell our articles or sell ads specifically against them. Your normal site advertising is fine.
  8. No implied endorsement. Don't suggest that IVN or the author endorses you, your candidates or your causes, or that donations to you support IVN.
  9. Keep labels. Opinion or analysis pieces keep that label.
  10. Point search engines to the original. Where your CMS allows, set the canonical URL to the original IVN article.
  11. No bulk or automated republishing, and don't submit our articles to aggregators (Apple News, Google News, MSN) as your own.
  12. Corrections and removals. Update your copy when we correct it, and remove it promptly if we ask. We'll contact you at the email you give us.
  13. Questions or print republication: editor@ivn.us.

IVN staff: fill in who you're inviting above, then create the invite.

Preparing the article

Confusion Over ACTA Provisions Leads to Misinformation

Choose a format
  • HTML
  • Email HTML
  • Markdown
  • Formatted (.docx)
  • Plain text
  • WordPress blocks
  • PDF
Choose a platform

Photos credited to others need their owners' permission.

To for

Republishing somewhere else? Questions? editor@ivn.us