Is the Anti-Counterfeiting Trade Agreement compatible with Freedom of Expression online?

Abstract

This research paper explores the Anti-Counterfeiting Trade Agreement, (ACTA) in relation to the human right of freedom of expression, as expressed online. The purpose of ACTA as a legally binding international document to enforce protection of Intellectual Property and copyright online is recognised and challenged by introducing a human rights discourse. The research situates the creation of ACTA by firstly discussing the various themes that impact on both the creation of; and the enforcement of; ACTA. The themes used to contextualise ACTA are; the internet, internet governance, the human rights system and freedom of expression, Intellectual Property and copyright enforcement, neoliberalism and globalisation. Using a methodology of textual orientated discourse analysis and critical discourse analysis, the research focuses on ACTA within the discourses of neoliberalism and human rights, as manifest both explicitly and implicitly in the text. The result is a discussion around the compatibility of ACTA with a human rights discourse and a suggestion for further research situating internet use as a layer of social practice and a potential cultural right.