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Hadopi 2 due to be passed
Heavily amended bill would give a judge the power to cut off the internet connections of persistent illegal downloaders
A LAW designed to punish illegal downloaders in France is finally due to be passed by the National Assembly today after months of fierce debate.
The “Hadopi 2” legislation will set out a system of email and written warnings that will be issued to people who illegally download copyrighted works such as music and films.
However the most controversial part of the bill, which would allow judges to cut off the internet connections of persistent offenders, still needs to be examined by a commission mixte paritaire - a cross-party group of seven MPs and seven senators – and will be put to a final vote next week.
The Hadopi government body (the Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet) is expected to start issuing its first email warnings before the end of this year.
The law initially proposed that the government agency would itself be responsible for deciding whether to cut off an individual’s internet connection, but the Conseil Constitutionnel ruled that this was anti-constitutional and only judges should have the power to cut access.
Under the new law, Hadopi would issue two warnings – by email and then recorded delivery post. Details of repeat offenders would be passed to a judge, who would have an armoury of sanctions available including cutting net access, heavy fines and even prison sentences.
If all goes to plan, the first sanctions against those who ignore the warning will come six months after the first warning emails go out.
The majority of MPs in Nicolas Sarkozy’s ruling UMP party are expected to vote in favour of the law today, which has the broad support of the French music industry.
However the Socialist Party argues that depriving people of access to the internet is far too repressive and will do nothing to improve the amount that performers and composers receive for their work.