Regulation and Control of Communication: The French Online Copyright Infringement Law (HADOPI)

Abstract

In January 2010 after a troubled process, the French law for creation and Internet, commonly known as Hadopi 2, was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel (France's highest constitutional authority), through Decision No. 2009-580 DC of the 10th of June 2009. The Conseil examined the mechanism of sanctions introduced by the regulatory measure assessing the compliance with fundamental rights and freedoms, such as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, the respect of the right to be heard and the necessary compromise between copyright and freedom of expression and communication.

Keywords: Free speech, Hadopi, internet, rule of law, copyright, piracy, copyright enforcement, administrative authority, graduate response