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French Three-Strikes Law Ruled Unconstitutional

Posted by timothy on from the note-that's-the-french-constitution dept.

An anonymous reader was one of several to write with this news: "The French 'Conseil Constitutionnel' just ruled that the recently voted 'Hadopi' law, which enforces a 'three strikes and you're out' system, is actually unconstitutional [article in French; here's an English-language article at Ars]. They mainly make two points: 1) They argue that removing Internet access is equivalent to hindering a person's freedom of speech, and as such can only be decided by appointed judges. This removes all punitive power from the administrative body supposed to enforce the three-strikes rule; all it can do now is warn you that 'they're watching you.' 2) When illegal filesharing is detected, users have to prove their innocence. This is obviously contrary to the constitutional principle of presumption of innocence."

4 of 195 comments (clear)

  1. Good News For Once by alain94040 · · Score: 5, Interesting

    The French "Conseil Constitutionnel" is a joke compared to the US Supreme Court, but for once they made the right decision.

    At a minimum, the right to defend yourself and face your accuser was sorely lacking from the "3-strike" legislation. The French legal system already has the equivalent of the US small claims court, so there was no reason for the ISPs to become judges.

    The other good news is that the court is basing its decision on the fact that a right to communication (speech, really, if you translate into US constitution lingo) includes the right to access the Internet. That's pretty cool potentially!

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  2. right again by CarpetShark · · Score: 4, Interesting

    Excellent. Yet more proof that p2p users have the weight of ethics on their side.

  3. American perspective by Hatta · · Score: 4, Interesting

    When a 3 strikes law passes here in the US, I wouldn't expect such a good result from our courts. The first problem is that freedom of speech in America doesn't guarantee you access to a forum to be heard. Second, there is no presumption of innocence in our Constitution. The closest we get is a right to trial by jury, but that only applies in criminal proceedings.

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  4. Liberté, Egalité, Fraternité by owlnation · · Score: 4, Interesting

    Vive la France!