【每日邮报】Internet access is a fundamental human right, rules French court

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Internet access is a fundamental human right, rules French court
http://www.mailonsunday.co.uk/news/worldnews/article-1192359/Internet-access-fundamental-human-right-rules-French-court.html
By Ian Sparks   Last updated at 3:30 PM on 11th June 2009


A French court has ruled that internet access is now a fundamental human right (file photo)


France's highest court has ruled that access to the internet is a 'fundamental human right'.

The landmark decision came as country's Constitutional Council struck down what was set to be one of the world's toughest laws against web piracy.

The controversial rule passed by parliament last month would have given a new 'web police force' the power to cut off the Internet connections of illegal downloaders.

Under the 'three strikes' law, pirates stealing copyrighted music and films from the net would have been given three emailed warnings before having their access cancelled.

Although the Constitutional Council agreed that theft of copyright material was a crime, it rendered the law unenforceable by saying that only a court had the authority to switch off a person's web connection.

France's most senior lawmakers described the Internet as having become 'an essential tool for the liberty of communication and expression'.

They quoted the founding principles of the Republic set down after the French Revolution, stating: 'Under section nine of the Declaration of 1789, every man is presumed innocent until they have been proven guilty.'

The Council added: 'The internet is a fundamental human right that can not be taken away by anything other than a court of law, only guilt has been established there.'

Laurent Bedoue, head of the French magistrates union, said: 'They approved 90 per cent of the text of the law, but eroded 90 per cent of its spirit.

'But ruling that every illegal downloading case must go to court, it has wiped the law off the statute books.

'With an estimated 180,000 cases a year, there is no way each one could be taken to court anyway without the most vast expense.

'The government should have seen this coming.'

The ruling is a severe blow to President Nicolas Sarkozy and his culture minister Christine Albanel, who lobbied hard to get the legislation passed.  

First Lady Carla Bruni, who has recorded three pop albums which can be downloaded from the net, was also said to have been a major backer of the law.

And music and film industries had welcomed the move to halt the theft of copyright entertainment, which they said was costing them millions of pounds a year.

But opponents branded the law 'unfair, unworkable and out-of-date'.   

French newspaper Le Monde said the law created an internet Big Brother who would hit innocent people whose web connections were being used by others, such as children, employees or people illegally hooking into their wi-fi.

And while many 'geeks' who download large files could also easily hide their Internet IP address to avoid detection, less knowledgeable people would get caught, the paper said.

Film star Catherine Deneuve also became a major public opponent of the law, saying: 'This law will punish the average amateur user, while the 'nerds' will find ways around it.'

The so-called Loi Hadopi had been rejected the first time it came before MPs in April, and only passed after Sarkozy ordered his party members to vote it through in May.

Culture minister Mis Albanel said she would now attempt to revise the law, which was due to have come into force in the autum, and have it passed in another form later this month.

She said: 'We will have this law passed, despite the decision of the Constitutional council, and set up courts around the country to enforce it.'