Ministry of Justice - on the right track?

It seems to be a busy time at the Department of Justice's Intellectual Property and Transport Law Unit.

The consultation period for the copyright inquiry is coming to an end. Input is sought for a possible response to the European Commission's Green Paper on the distribution of films and TV programs in the digital single market. And today, a hearing was held on the ACTA trade agreement, whose process has been shrouded in mystery and speculation.

For as long as I can remember, obscurity has unfortunately been a significant feature of the Department's deliberative processes. With respect to the fact that complete transparency at all times, at all stages is neither possible nor even appropriate, there are obvious points in being open, accessible and listening when preparing issues that concern and affect large parts of both business and citizens.

The opposite leads to speculation, the painting of devils on walls and the risk of losing confidence in the department's motives.

In terms of transparency, there was a glimmer of light at the ACTA hearing mentioned above. Even though it was a closed circle, mostly consisting of rights holders' representatives and the judiciary, there was an obvious interest in constructive input. And a hint of listening to other voices as well.

Even if it can be seen as small details, I hope it is a sign of increased understanding of how important it is to both listen, anchor and explain to the outside world how and why certain legislation is needed. And that there is an ability and interest in taking on board wise opinions, which of course also exist outside the walls of the Government Offices.

The fact that there is an engaged debate on many of the issues for which the Ministry of Justice is responsible should be seen as an asset. Not as a threat and a reason for closure.

Ps. The ACTA agreement, at least as I have been presented with it, shall not entail any change to current Swedish legislation regarding copyright or the Electronic Communications Act. In other words, signing the agreement should not in itself entail increased legal requirements for internet service providers to act to restrict the openness of the internet. Of course, one can always speculate why it is necessary to sign an agreement in an area that, according to the Ministry of Justice, will not have a change in the legal situation.