WRITTEN QUESTION P-1322/02

by Thierry de La Perriere (NI) to the Commission

(2 May 2002)

Subject: Web site of United Kingdom Independence Party (UKIP)

The British Daily Telegraph has published a report(1) directly calling into question the behaviour of the European Commission or some of its staff.

The newspaper investigated a number of e-mails sent to the discussion forum on the anti-EU UK Independence Party's web site and containing violent attacks on that party's ideas. The source of these messages has been identified. It is the European Commission's offices in the Jean Monnet Building, in Luxembourg.

Can the Commission confirm or deny this report?

Should these allegations be confirmed, does it intend to take disciplinary action against those of its staff involved in this misuse of the European administration's time and equipment?

(1) Daily Telegraph, Wednesday 3 April 2002 Peterborough.

Answer given by Mr Kinnock on behalf of the Commission

(27 June 2002)

The Commission can confirm that messages have been posted on the discussion forum of the United Kingdom Independence Party from an office address of the Commission.

In general terms, Commission officials enjoy the freedom of expression which, according to case law(1), extends to the oral or written expression of opinions that dissent from, or conflict with, those held by the employing institution. It is clear however, that this is not an unlimited prerogative and it may be subject to reasonable limits in the interest of the service. In the case referred to by the Honourable Member, this means that officials must avoid any action which might result in ideas that are expressed in a private capacity being mistaken for the official views of the Institution. It also means that officials should refrain from making libellous or offensive public statements which could run counter to Article 12 of the Staff Regulations relating to the dignity of the service.

Examination of the discussion forum has revealed no trace of a bevy of colourful postings abusing the UKIP by pen pushers, as the Daily Telegraph describes it. Instead of that, an open and informed debate seems to be going on between pro and anti Union views. Neither the webmaster of the site, who moderates the discussion(2), nor other contributors to the forum appear to have been offended by the postings referred to by the newspaper.

These considerations mean that the Commission will not be opening disciplinary proceedings against the official(s) concerned. However, it will address a reminder of the terms and conditions for the use of the internet at the Commission to the person(s) concerned. According to these terms and conditions, internet use for private purposes is allowed within reasonable limits, but a disclaimer should be added to each contribution which emphasises that the views expressed are those of the writer and should not in any circumstance be regarded to represent an official Commission view.

(1) See for example cases T-82/99, Michael Cwik/Commission, judgement of the CFI of 14 July 2000 and C-274/99 P, Bernard Connolly/Commission, judgement of the Court of Justice of 6 March 2001.

(2) The rules for use of the forum provide that the Forum is moderated, and offensive or otherwise unacceptable content may be removed.