Hadopi 2 internet law wins last vote

THE controversial Hadopi 2 law to control internet access has been approved by the Constitutional Council – as long as MPs decide exactly how any sanctions on illegal downloaders would be imposed.

Hadopi 2 would cut off internet access to people who repeatedly download illegally and entertainment companies hope it will reduce internet piracy with offenders facing €300,000 fines or possible three years’ jail.

Opponents say Hadopi 2 – named for the ruling body Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet – is a draconian measure and a danger to civil liberties where the penalty far outweighs the “crime”.

Although the bill was approved by the National Assembly and Senate last month it had to wait for final approval from Les Sages, who decide whether legislation is constitutional.

They had rejected the previous version of the law because the Hadopi body would have been able to impose sanctions, rather than a judge.

Illegal downloaders will get two warnings from Hadopi then their case will be passed to a judge who can impose an ordonnance pénale to cut internet access for up to a year plus a fine.

Even those not involved in piracy could have internet cut off if someone else in the household is doing the downloading, or they have not secured their connection. Anyone forced offline would have to continue to pay for the internet service.

Culture and Communication minister Frédéric Mitterrand praised the decision and said the Parliament would have to rule on the sanctions – although he did not say if a new text would have to be presented.

Mr Mitterrand’s ministry says 50,000 French Internet users could be forced offline next year when Hadopi would start warning illegal users.

Already internet users are starting to change their download patterns, switching from the Peer-to-Peer networks monitored by Hadopi to more direct downloads or streaming which are more difficult to monitor. This allows the use of audio or video without downloading files, such as in BBC’s iPlayer or others such as Deezer and YouTube.

Meanwhile, Euro-MPs have backed away from an amendment that would have protected citizens’ online freedom. Amendment 138 – which would have made internet access a fundamental right that could not be cut off – has been watered down after pressure from governments.