WRITTEN QUESTION P-1322/02 by Thierry de La Perriere (NI) to the Commission. Web site of United Kingdom Independence Party (UKIP).
Date: 2002-05-02
Institutions: European Parliament, Provisional data
Subjects: European Commission, European Union membership, European official, administrative sanction, forum, freedom of expression, image, personnel administration

12.12.2002

EN

Official Journal of the European Communities

C 309 E/111

Moreover, the Council has not received a Commission proposal along the lines of the suggestion made by
the Honourable Member.

(2002/C 309 E/129)

WRITTEN QUESTION P-1322/02

by Thierry de La Perriere (NI) to the Commission

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

(2 May 2002)

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 (cid:1) 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’.