Three Strikes To Hit European Law

By passing the controversial “Creation and Internet” law, the French assembly – while pleasing anti-piracy organisations – will have angered European politicians who believe it undermines human rights.

European officials recently ruled that any individuals accused of Internet piracy cannot be disconnected without the involvement of the courts, while the French intend to hand over legal jurisdiction to a new government agency called the High Authority of Diffusion of the Art Works and Protection of Rights on the Internet – or “Hadopi” for short.

The legislation, which became known as either the “Three Strikes” bill, was approved by a 296 to 233 vote in the French lower house May 12. Nicolas Sarkozy’s conservative government rallied its members to avoid a repeat of the surprise defeat the first reading had April 9.

Culture secretary Christine Albanel, who had also championed the bill, hailed the May 12 vote as an important step toward “preserving cultural diversity and the industries threatened by piracy.”

According to the proposals, the first strike involves sending a message to any user believed to have infringed copyright online, with a repeat message sent on the second instance. When the authorities are informed of a third transgression, the user’s Internet access could be closed down for a period of between two and 12 months – without judicial appeal.

In the U.K., where the vote won the immediate support of the British Phonographic Industry (BPI), the Financial Times described French action as “the world’s most draconian law against internet piracy” because it creates an agency to “police illegal downloading of copyright material without reference to the judiciary.”

The FT quoted lawyers saying France’s determination to cut the courts out of the issue of Internet access may contravene the European Convention of Human Rights, and could spark conflict with Brussels.

The long-awaited reform of European Union telecoms regulation has already been held up by disagreements over whether the courts should be involved.