The Spanish “Anti-download” Act is finally rejected in Congress

5 January 2011

The rule, popularly known as the “Sinde” Act for the Minister of Culture, Ángeles González-Sinde, who drafted it, failed to find sufficient support and was rejected by the Congress’ Economic Commission.

The controversial Sustainable Economy Law has garnered a media circus and the vehement opposition of internet users based on the rule’s allowance of the web site closure and the establishment of the “safeguarding of intellectual property rights” as one of the motives which could justify an interruption of the rendering of services regulated by the Spanish law on information society services and electronic commerce.

The drafted legislation expressly granted the Intellectual Property Commission – the administrative body of the Ministry of Culture – the power to safeguard intellectual property rights from internet infringements. Said body was to be in charge of receiving the complaints and forwarding them to the central court at Madrid which then had 4 days in which to rule on the closure of the website for copyright infringement.

The Sustainable Economy Law will move on the Senate without the controversial amendment regarding downloads. Nevertheless, the proposed legislation will be debated once again in the Senate in 2011, and the Government can seek support in the upper chamber in order to redraft the proposal.

For further information, please contact Eric Jordi: ejordi@mmmm.es