11/06/2009

The difficulties continue for the Creation and Internet bill (see news), which aimed to introduce a system of email warnings and sanctions in the case of illegal downloading of works.

Adopted by Parliament on May 13 after many unexpected turns of events (see news), the law was rejected yesterday by the Constitutional Council, which deems that only a judge has the power to decide to cut off an individual’s Internet access and not an independent administrative authority, as the bill allows.

The position taken by the Constitutional Council (who did, however, accept the system of email warnings) backs up that expressed by the European Parliament, which considers Internet access to be a fundamental right.

Faced with this new setback, Culture Minister Christine Albanel said she regretted "not being able, as the government and Parliament had wished, to carry through the logic of reducing criminal penalties for Internet users’ behaviour, by entrusting all the different stages to a non-judiciary authority, including the pronouncement of sanctions".

She also stated that she was going to "ask President Sarkozy and the Prime Minister to complete the Creation and Internet bill as soon as possible, entrusting the final stage of the graduated response to a judge".

(Translated from French)