POLAND: ACTA-- The Argument For

The discussion over ACTA, like so many debates in Polish politics, reminds one of a publicity stunt, albeit on a larger scale and with more emotion involved. People have taken to the streets,there have been chanting and shouting, opposition parties are trying to ride the wave of discontent and the ruling coalition are trying to pretend that nothing is happening. In all of this there has been precious little rational debate over the issue at hand. ACTA is not a charter for internet censorship. The treaty is concerned chiefly with counterfeit goods and does not really focus on the internet at all. Only 10% of the whole text deals with digital content and the rules it states merely repeat the laws which have been in force for years.

********

ACTA is a treaty negotiated by 37, mostly developed, countries. The first signatories include the USA, Singapore, Austrailia and Japan. Not amongst the signatories are Asian countries notorious for counterfeiting.

The aim of ACTA is to establish international standards in the fight against intellectual property infringements. Most of the signatories are countries which have high labour and production costs and therefore cannot compete in these spheres with countries such as Bangladesh. Instead, their comparative advantage lies in having the best technology and the best scientists and this is what ACTA is designed to protect. Poland, which currently has low production costs by European standards, should also take this into consideration. Today we are a supplier of labour and we are host to many factories but this will not last for ever. Experts predict that within 3 years we too will see jobs and production facilities exported to Asia. After that we will have to rely on high quality, innovation and an educated workforce to compete. We should protect these things rather than let our Eastern competitors copy them.

********

Those protesting against ACTA do not pay any attention to these arguments, despite that fact that the treaty will help protect the jobs of many of them. The protesters are fighting for the internet. Of course, ACTA also regulates intellectual property rights online but…..it does so by duplicating existing EU laws. Analysis carried out by the European Commission and the Polish cabinet confirms that if ACTA is implemented, no changes in the present law will be required. The treaty repeats European Parliament directives dealing with intellectual property rights issued in 2001 and 2004.

These facts are highlighted by those organizations in Poland which are in favour of ACTA. “In my opinion the debate over ACTA has been hijacked by a demagogic frenzy. It is not true that this treaty will somehow gag freedom of speech on the internet. People might say that they have read the treaty but they obviously do not know Polish law. Simply speaking, ACTA does not add anything to existing intellectual property laws in Poland” says Jacek Bromski, president of the Polish Filmmakers Society. Others who have welcomed ACTA include president of the Polish Composer’s Union, Jerzy Kornowicz and the chief of ZAiKS (Union of Authors and Screenwriters) Krzysztof Lewandowski.

********

Obviously, there are some aspects of ACTA which deserve criticism. The most deserving is the way in which the treaty has been passed—quietly and without wide-ranging public consultation both in Brussles and Warsaw. If it had been carried out differently, the protesters might understand how the treaty changes very little with regards to the internet.

Another issue is the fact that copyright laws which were created in the 20th century, whilst adequate for dealing with counterfeit clothes, are not equipped to deal with the internet. ACTA merely repeats these laws without offering anything new. We can hope that the current controversy might lead to discussions, and eventual compromise, between corporations and internet users. However, the hacking attacks on government websites and protesters brandishing slogans such as “Tusk (Polish PM) you asshole, where you gonna get your porno?” might just have killed off any hope of this.

In a few months Poland plays host to Euro 2012. Already customs officers have confiscated large amounts of counterfeited merchandise, clothes and other accessories bearing the tournament logo. Despite this it is likely that come kick-off the bazaars and street markets will be full of such products. ACTA is aimed at this and not internet users surfing YouTube and doing their homework with the help of Wikipedia.

Author: Jakub Mejer Taken from 'Przegłąd' magazine nr. 5 (631) 05/02/12

OPINION: Piotr Żuk-- The Active Citizen: An Endangered Species?

When analysing the current situation in Poland, the experts and pundits ask themselves what the authorities are likely to do—how the premier, president or certain minister will react to circumstances. Occasionally the speculation focuses on the politicians in opposition. However, one thing which is never taken into consideration is how Polish society will react. It is as if society did not exist and that politics was a form of theatre to be played out only in the buildings and offices of the powers that be. Can it be that the citizens have ceased to be an active subject in public life and do no longer have even the slightest influence on the course of events?

Every government tries to impose its will on society. It can do so in a more or less brutal manner. It can do so with careful public consultation, or without any consultation whatsoever. It can do so openly or furtively. Everything depends on the attitude of the citizens—their activeness, their awareness of their own interests and their desire to contribute to political life. For some time now Poland has seen more and more apathy, civic passivity and a general withdrawal from public life. This creates an ideal environment for any government. It can do as it wishes without any risk of public opposition and without the threat of the public holding it to account.

A good example of this state of affairs is a recent survey carried out on the topic of civil society in Lower Silesia (a region in SW Poland, capital Wrocław- CK) Although the results are for only one region, they could well be an indicator of the nationwide situation.

Over 60% of people in Lower Silesia do not belong to any kind of social organization. The dominant trend is to live inside one’s own private shell. Only 1 in 10 people (9.5%) belong to a trade union. 1.7% of people are involved with human rights organizations. Just less than 5% are involved in environmental organizations. One might be led to believe that Poland is a country where people earn as much as the Swiss, where employment law is obeyed as it is in Sweden, where the civil rights of all are fully respected (no illegal phone-tapping or indefinite detention) and where the water coming out of the taps has the taste and aroma of an Alpine spring.

And how do people react to injustices? Last year 2 % of people in Lower Silesia took part in legal demonstrations whilst 3 % signed petitions or letters of protest. Around half of those surveyed took part in some type of community meeting. Is there any potential for more action in the event that the government implements some new idiocy? 16% of those surveyed declared themselves willing to take part in protests and demonstrations whilst 80% said they would be willing to sign petitions or letters of protest. Perhaps all is not lost? Perhaps all that is missing is organization?

For those who wish to be organisers at grassroots level there is one major stumbling block—in this country nobody trusts anybody. Only 21% of people in the survey (results nationwide are very similar) agreed with the statement, ‘Overall, most people can be trusted.’ The majority (78%) believe that one has to be very cautious in their dealings with other people. Mistrust between individuals is reflected in a lack of trust in institutions. 44% do not trust the courts, 43% do not trust public prosecution service and, just 2 months after the elections, 57% have no faith in either chamber of parliament (the ‘Sejm’ and the Senate- CK)

The government, however, can rely on the help of the media. As it turns out, people believe in the neutrality of both private and public media (66 and 65% respectively). Seen as less trustworthy is the Catholic media (in this Catholic country!)—58% do not trust it, while only 23% give a positive opinion.

The current state of apathy and disengagement do not mean that people do not still dream of a better world. Those on the political left should take note of the political viewpoints of those questioned in the Lower Silesia survey. In the social / cultural sphere the majority express liberal and secular values. In the economic sphere egalitarianism and collectivism prevail. Today’s privatised world, in which the market and competition rule supreme, is not a world that most people want, despite the 20 or so years of propaganda telling us otherwise. It is necessary, however, to transform these latent beliefs into political action.

It is worth waking up civil society wherever and whenever possible because once it is awoken and organized it can be well nigh unstoppable. Looking at all elections in recent years we can see that more than half of the electorate stayed at home. This does not mean that they are living well, far from it. Even if the Left gained control of half of the ‘Sejm’, without an active extra-parliamentary civil society not much would change. Today, any sign of spontaneous grassroots activism is priceless. A whole network of activism could block the most absurd policies of those in power, including the raising of the retirement age and cuts in social spending. For the time being, a friendly media and a climate of social apathy mean that the government can do almost anything it wants. Nonetheless, the sleeping giant of civil society will awake. It is a question of when, not if.

Taken from 'Przegłąd' Nr.4 (630) 29 Jan. 2012