The French Conseil Constitutionnel (Constitutional Council) has just ruled that France’s “HADOPI” law which disconnects users from the Internet after three infractions is unconstitutional.
The eponymous HADOPI law is the moniker for the official French bill “Projet de loi favorisant la diffusion et la protection de la création sur Internet,” which outlines policies for regulation and control of the internet to enforce copyright law. The bill was drafted by a French Ministry of Culture agency focused on copyright known as Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (HADOPI).
The bill achieved international renown for its harsh penalties for copyright infringement which would disconnect users from their ISP after three infractions. It attracted significant domestic and international criticism for forcing users to prove that they did not engage in piracy, thereby establishing a presumption of guilt.
Though the bill endured several legislative obstacles, it was finally signed into law on May 12, 2009.
Today the court has ruled that the presumption of guilt implied by the law violates legal procedure in France, which presumes innocence. The Conseil Constintutionnel also asserted that disconnection from the internet is tantamount to infringement on a citizen’s right to free speech.
The Council also noted that a legislative body such as HADOPI has no authority to assume the power of the courts in levying punitive damages in a copyright case.
The three points forming the basis of the ruling have crippled the intent of the law and reduced HADOPI’s authority in copyright matters to that of a watchdog role.
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