French ISPs Protest Implementation Of E-Commerce Directive

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

19 January 2004

French internet service providers and civil liberties groups earlier this month raised strong objections to a bill implementing the European Union's E-Commerce Directive, arguing that the legislation recently approved by the national assembly places unfair burdens on ISPs.

Amongst other provisions, the French "Bill to Promote Confidence in the Digital Economy" addresses the liability of ISPs for the content of the websites that they host. According to the terms of the implementation bill, ISPs will become liable to charges if they do not act promptly to block content after becoming aware of its "unlawful nature".

Arguing against the legislation, Robert Ménard, secretary-general of the Reporters Sans Frontiers (RSF) rights group, warned that:

"Internet users would be able to demand the immediate withdrawal of content they consider unlawful. Website hosts - who oppose the bill - would be forced to censor any content likely to be deemed unlawful for fear of being found criminally liable, with penalties of up to a year in prison and a fine of 75,000 euros for the manager of a service provider."

However, supporters of the bill have argued that ISPs would be under no obligation to monitor their websites for unlawful content, and would only be obliged to act once illegal material is brought to their attention. In addition, improper accusations of illegal website content would also be punishable by law.

The bill must now be passed by the senate and the constitutional council.

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