The council ruled that provisions on cutting users' Internet access could only be performed by a court of justice and not an administrative authority as foreseen by the draft bill, dealing a blow to French President Nicolas Sarkozy and artists who supported the controversial 'Creation and Internet' law.
The bill passed on 13 May by the Parliament at Sarkozy's behest included the creation of a high authority for the dissemination of works and protection of rights on the Internet ('Hadopi').
This high authority was meant to be responsible for the implementation of a "graduated response", culminating in the suspension of users' Internet subscriptions in cases of repeated illegal downloading.
This component was invalidated yesterday (10 June) by the Constitutional Council, which has the power to block French laws if they are deemed to contradict the country's constitution. The council ruled that only the courts can decide to cut subscriptions, and not administrative authorities. It nevertheless cleared measures to allowing the future high authority to send e-mail warnings to fraudsters.
"Nicolas Sarkozy has been censured by the Constitutional Council," said Patrick Bloche MP, a spokesman for the Socialist Party.
The French president received the support of many members of the artistic world in passing this bill, which caused divisions within his own party.
"We have always said we think that intellectual property rights issues can be settled at national level. We take note of the decision of the Constitutional Council. It confirms that the issue can be settled at national level," Martin Selmayr, spokesperson for EU Information Society Commissioner Viviane Reding, said today.
"We hope this decision will help to close disputes over the telecoms package," he added, speaking to journalists in Brussels.
EU telecoms ministers are meeting today in Luxembourg to discuss the telecoms dossier (EurActiv 11/06/09).
In a statement, independent music producers (SPPF and UPFI) said they "are now asking the government to quickly propose to the Parliament changes to the 'Creation and Internet' law in order to give back to judges the ability to pronounce judgement on cutting access".
The French Socialist Party requested in a statement that the law should be "completely rewritten with the double aim of ensuring the financing of culture and preserving the freedom of Internet users".
Christine Albanel, France's culture minister, defended the draft bill, regretting that she could not finalise "the logic of 'decriminalisation' of Internet users' behaviour by bringing all stages of the procedure to a non-judicial authority". But she said that the preventive part of the law would be implemented in the autumn, with the sending of the first warnings.
Franck Riester MP, rapporteur on the Hadopi file for the ruling UMP party, said the council's ruling would "strengthen the education aspect of the law". "It is more impressive if the sanction is imposed by a judge," he said.
(EurActiv with Reuters)
