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Internet Access "Basic Human Right": French Court Foils Sarkozy
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by cyn.khoo | June 11, 2009 at 01:34 pm
176 views | 14 Recommendations | 2 comments
The French Constitutional Council, France's highest court, has declared that internet access is a "basic human right", completely deflating a new law passed by French President Nicholas Sarkozy in April 2009.
Sarkozy attempted to create the world's first internet police agency in a democratic country, known as HADOPI, to protect artists from internet piracy. The agency was to track transgressors and after two warnings, automatically cut off internet access for those who continued illegal downloading of music and other media.
The law was supported by artists and the entertainment industry, but many considered HADOPI to be an internet "Big Brother" as well as unfeasible in practice. Artists who opposed the law said it would restrict exposing their work to younger target audiences.
Les sages – the wise men – as the council is known, took the teeth out of the law. They ruled that "free access to public communication services online" is a right laid down in the Declaration of Human Rights, which is in the preamble to the French constitution. It also said the law breached privacy by enabling the HADOPI agency to track people's internet activity.
According to the council, the law failed in combining administrative authority and judicial authority in one body, as well as in presuming guilt before innocence.
Sarkozy's government, who pushed the unpopular law through Parliament with the help of culture minister Christine Albanel, still intends to enact what left they have of the original law.
Ms Albanel, whose job is now on the line, said that the agency would still send warnings to abusers although it was not clear how it would track them. It would then be up to prosecutors and the courts to take action, she said.
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Most RecentMost Recommended Comments (2)
at 18:47 on June 11th, 2009
This ruling will have great repercussions for all. By making it a basic Human right, it may cost the state dearly to now provide that right to all and no one can be refused this right any longer not even Criminals for criminal purposes. Basic may have been going a little to far. Food and Shelter are basic as well as the need to use the bath room why all employers have to provide those rights and why no one can take this away not even from a criminal or in a bankruptcy act. Basic will also imply that any one any where will have to have access at any time. I think that may be going to far in the opposite direction. Lack of balance here.
at 00:34 on June 12th, 2009
That's a good/interesting point, Paschen. I agree that it's a "right" in terms of the government shouldn't be unilaterally restricting internet access like that, since it's essentially freedom of information, but the implications as you described are definitely quite problematic. Hopefully they will not end up regretting that particular choice of words!