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02.12.2009

Manifesto for freedom on the Internet from Valdegovía

Before the inclusion of the Economic Bill susceptible to legislative modifications, which affects exercising the freedom of expression, information and the right to access the Internet culture, journalists, bloggers, users, professionals and internet creators express their firm opposition to the plan and declare that:



1. The author`s rights can`t place itself above the fundamental rights of citizens, such as privacy rights, security, presumption of innocence, legal protection and the freedom of expression.

2. The suspension of fundamental rights is and must continue being competent exclusively for judicial power. Nor finalised without judgement. This Bill, against the article 20.5 established in the Constitution, puts in the hands of a non-judicial body, a dependant person from the Ministry of Culture – the legal power to prevent the access of any web page to Spanish citizens.

3. The new legislation will create legal uncertainty within the Spanish technological sector, damaging one of the few developing fields and the future of our economy, hindering the creation of companies, introducing obstacles in competition and slowing down a company’s worldwide exposure.

4. The new legislation may threaten new creators and hinder cultural creation. With the internet and its successful technological advances, it has extraordinarily democratised the creation and the emission of all types of content that already comes from traditional cultural industries, but from various different sources.

5. Authors, like all workers, have the right to work with new creative ideas, business models and activities associated with their creations. To try to support, with legislative changes, an obsolete industry that doesn’t know how to adapt itself to this new environment, is neither just nor realistic. If the business model was based on the control of copies of acts, then it is not possible, on the internet, without infringing fundamental rights and they should find another model.

6. Considering that, in order to survive, cultural industries need modern alternatives, efficiency; to be credible and feasible and to adapt itself to new social uses, instead of such disproportionate limitations like inefficiency which can lead to its downfall.
7. The internet must function freely and without political interference sponsored by groups that hope to perpetuate obsolete business models and to prevent human knowledge from being free.

8. We ask the government to guaranty by law the neutrality of the net in Spain before any pressure arises, as a mark for the development of a sustainable economy and a realistic look on the future.

9. We suggest a real reform of Intellectual Property rights: to give back knowledge to the society, to promote public knowledge and limit the abuse from managing bodies.
10. In democracy, laws and their modifications must be approved at the public debate and have previously consulted all the parties implicated. It is unacceptable to make legislative changes that affect fundamental rights in a different law and that deals with other subjects.

This manifesto, produced by various authors, is from everyone and no one. It has been published in masses on web sites. If you agree and want to add to it, put it on the internet.