The CEO of the IFPI in Austria has been defending his group's attempts to have The Pirate Bay and other torrent sites blocked by local ISPs. Franz Medwenitsch says that using the word "blocking" in these situations is wrong and defending copyright by disabling access to websites does not amount to censorship.

Earlier this year a landmark ruling from the European Court of Justice confirmed that ISPs can be forced to block “infringing” websites, providing it’s done in a proportionate manner.

The ruling was prompted by a movie distributor case originating in Austria, so it comes as no surprise that local record companies are now seeking to make the most of it.

Earlier this week the local branch of the IFPI wrote to local ISPs with a demands that they block The Pirate Bay, isoHunt, 1337x and H33t within days. While the development was welcomed by many pro-copyright entities, among many in the Internet community the feeling persists that site blocking amounts to censorship.

Now, IFPI Austria CEO Franz Medwenitsch has countered with his opinion, explaining that the term “Internet blocking” is both misleading and controversial, and that web blockades cannot be considered a restriction of free speech.

“Barring is misleading and downright polemical. No one wants to deny access to the Internet!” the IFPI chief explains.

“[Our action is] therefore isolated to prevent access to specific websites that offer illegal content and massively engage in copyright infringement. This is a legitimate means of legal protection, the Austrian Supreme Court and the Court of Justice of the European Union have justified it.”

In his FutureZone piece, Medwenitsch discusses critics’ perception that blocking websites interferes with fundamental rights such as freedom of information.

“Blocking access to illegal sites is explicitly compatible with the Charter of Fundamental Rights,” he contends, adding that comments to the contrary cannot be equated with the those shared by “the people of Europe.”

“According to a GfK survey last year, 83 percent of those surveyed in Austria alone – equivalent to more than six million people – held the opinion that artists have a right to their intellectual property and to be paid for the use of their works,” Medwenitsch notes.

But just as it’s clear that the blocking of websites has many opponents on fundamental rights grounds, the notion that blockades amount to censorship is an even more thorny issue. Medwenitsch does not share those feelings.

“Censorship is the suppression of free speech and everyone who lives in a democratic society categorically rejects censorship,” the IFPI chief says.

“But what has freedom of expression got to do with generating advertising revenues by illegally offering tens of thousands of movies and music recordings on the Internet with disregard for creators and artists? And yet the freedom of the author to determine the use of their works themselves is trampled!”

Medwenitsch says that individual freedoms have their limits and must be brought to an end when they begin to limit the freedoms of others. In other words, people can have free access to sites while those operating them aren’t infringing on the rights of the recording industry.

Finally, Medwenitsch criticizes those who accuse the industry of concentrating on blocking sites like The Pirate Bay while failing to adapt their business models. The industry has indeed adapted, the IFPI chief insists, but unauthorized services inhibit growth and need to be dealt with.

“The fact is the digital music services on the Internet today carry 37 million songs. There are 230 digital platforms in Europe – in Austria there are 40 – and the European user numbers have already reached 100 million,” he explains.

“The development of the digital market will take a long time due to the inhibiting factors of illegal offerings. Therefore, on the one hand we will investment in new platforms, and on the other hand, take measures against illegal sites.”

It remains unclear whether site blocking is having any effect on the availability of infringing content or the numbers of people consuming it. Safe to say, no group has yet put their head above the parapet and presented sales figures to clearly show that is the case.