Europe’s MEPs and Council representatives on Wednesday night agreed that restrictions on access to the internet within the EU may “only be imposed if they are appropriate, proportionate and necessary within a democratic society”.

The two sides agreed in May that the internet is essential for the exercise of fundamental rights such as the right to education, freedom of expression and access to information.

But MEPs remained determined to guarantee procedural safeguards for internet access, in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The agreement reached states that restrictions on a user’s internet access may only be imposed “with due respect for the principle of presumption of innocence and the right to privacy“ and as a result of “a prior, fair and impartial procedure“ guaranteeing “the right to be heard (...) and the right to an effective and timely judicial review”.

“In duly substantiated cases of urgency” appropriate procedural arrangements may be made provided they are in line with the European Human Rights Convention.

The compromise deal clears the last stumbling block for a telecoms package that will now go before the European Parliament for a third and final reading on November 23-26. On the third reading, Parliament and Council may only approve or reject the joint text, without demanding further amendments.

Among other things, the new package will oblige mobile phone companies to help users switch contracts or suppliers within 24 hours.

The issue of restricting access to the internet hit the headlines in the UK last week when Lord Mandelson proposed that persistent file sharers be disconnected. His proposals were swiftly denounced by leading ISPs.

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