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France Internet piracy law faces constitutional challenge

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A French Internet piracy law has been challenged on constitutional grounds by the opposition Socialist party in front of the Constitutional Council. The bill, introduced by cultural minister Christine Albanel and supported by President Nicholas Sarkozy, is aimed at reducing illegal downloads of protected works and was approved by the French Senate earlier this month by a 189-14 vote. The bill proposes an escalating series of responses for users that are caught, beginning with two warnings followed by suspension of Internet access. The suspension of services would be at the discretion of the High Authority for the Distribution of Works and the Protection of Rights on the Internet, an administrative authority bestowed with judicial power, which is one of the stipulations contested by the Socialists and others. Internet subscribers could also be held responsible for others using their connections to download pirated materials. The Socialists maintain that the bill fails to find the balance between the rights of Internet users and those of copyright holders and argue that freedom to access the Internet is a fundamental principle that should be guaranteed for everyone, only to be limited by the courts. The council has one month to issue a ruling on the challenge, filed Tuesday. If the law is found to be constitutional, it could take effect shortly after that. The controversial bill was defeated last month by the National Assembly but was later approved. The International Federation of the Phonographic Industry, representing the worldwide recording industry, has welcomed the legislation, while it has been opposed by French consumer interest group UFC-Que Choisir as well as cable and internet providers. The assembly began considering the bill in March after it passed through the French senate in October 2008.

Full post as published by JURIST - The Paper Chase on May 22, 2009 (boomark / email).