Court Puts Brakes On France's New Anti-Piracy Law

by Ulrika Lomas, for LawAndTax-News.com, Brussels

12 June 2009

France's new 'three-strikes' anti piracy law has been suspended after the country's Constitutional Court deemed it a breach of the country's "presumption of innocence and freedom of speech".

The so-called 'Hadopi' law had been intended to cut online copyright crimes by disconnecting repeat offenders after a series of warnings.

However, despite being passed by the country's Parliament on the second attempt, the law failed to gain the backing of the Constitutional Council, whose job it is to review all legislation approved by Parliament before it passes into law.

The Council has rejected a key portion of the new measure which would allow a government-backed agency the right to order Internet Service Providers to terminate the internet connections of those found guilty by copyright owners of making illegal music, tv and film files available for download.

According to the Council, because this action would require no legal backing by a court, it is considered a violation of French citizens' presumption of innocence and freedom of speech.

In order to try and pass the law for a third time, it is thought that the law will need to be amended by adding a clause that would require court involvement in terminations. This would likely make the whole process prohibitively expensive to enforce.

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