WRITTEN QUESTION E-2276/99

by Cristiana Muscardini (UEN) to the Council

(13 December 1999)

Subject: Supervisory authority for Internet sites

In view of the increase in the number of Internet sites providing details of how to make chemical drugs, obtain weapons or acquire children for sexual purposes, could the European Union set up an authority to supervise Internet sites and identify those which are clearly violating the Member States' laws and will it examine what measures need to be taken to prevent laws being broken and criminal offences committed via the Internet?

Reply

(10/11 April 2000)

The European Union shares the Honourable Member's concern regarding the proliferation of Internet sites containing information encouraging criminal behaviour.

For this reason, it entrusted to Europol the task of fighting Internet crime, to the extent that such crime falls within its mandate. Europol has been operational since 1 July 1999 and is already actively fighting trafficking in drugs and human beings, including the exploitation of minors and the production, sale or distribution of child-pornography material, within the limits of the objectives described in the Europol Convention(1)(2).

Apart from situations falling within the competence of Europol, Member States are responsible for supervising the information available on the Internet. One access provider has already been prosecuted for providing a site which distributed illegal information.

As stated in the reply to Question No H-0202/97 (by Anne McIntosh), the Council attaches the greatest importance to the question of supervising the information made available on the Internet, while trying to reconcile the supervision of information available on sites with the general principles of freedom of information.

There are no plans to set up a supervisory authority at European level. However, the European Union supports Member States' actions by specific measures to improve judicial cooperation in this area. In particular, there is a draft joint action to combat child pornography on the Internet, on which the Council Presidency decided to consult the European Parliament before the Amsterdam Treaty entered into force and which will be transformed into a decision on which the Council will consult the European Parliament in accordance with Article 39 of the Treaty on European Union.

The Honourable Member will also note that the proposal for a Directive on certain aspects of electronic commerce on the international market contains provisions limiting the responsibility of access providers.

Lastly, the Council has adopted a joint position of the Member States to be defended in negotiations in the Council of Europe on a Convention on cybercrime, which also covers measures against criminal offences committed via the Internet. With the same goal in mind, on 25 January 1999 under Decision 276/1999/EC the European Parliament and the Council adopted a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks. The action plan covers the period 1 January 1999 to 31 December 2002; EUR 25 million has been allocated to its implementation.

(1) Article 2 of the Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (OJ C 316, 27.11.1995, p. 5).

(2) Article 1 of the Council Decision of 3 December 1998 supplementing the definition of the form of crime traffic in human beings in the Annex to the Europol Convention (OJ C 26, 30.1.1999, p. 21).