French Three Strikes Law Struck Down, Internet Access Declared a Human RightJune 10, 2009 Broadband , Filtering , Internet Protocol , MPAA , Network Neutrality
Word came through the grapevine today that France’s “three strikes” HADOPI law has been struck down by the French Constitutional Council. While this is fantastic news, it’s not exactly surprising–until this point, the constitutionality of the law had remained an open question. What’s more, even if the law had survived the French Constitutional Council’s scrutiny, it most certainly would have attracted the attention of the European Union, who in October of last year, passed an amendment prohibiting member states from implementing three strikes regimes. Luckily, the French Constitutional Council sided with the EU Parliament, going so far as to cite the Declaration of the Rights of Man and of the Citizen, a founding document of the French Revolution. “…[W]hereas under section nine of the Declaration of 1789, every man is presumed innocent until he has been proven guilty, it follows that in principle the legislature does not establish a presumption of guilt in criminal matters,” the Council wrote in its ruling.