Freedom of Speech, the Internet, and the Costs of Control: The French Example

New York University Journal of International Law & Politics, Vol. 33, p. 1179, 2001

56 Pages Posted: 5 Jul 2010 Last revised: 4 Mar 2014

Julien Mailland

Indiana University Bloomington - Department of Telecommunications; University of Southern California - Annenberg School for Communication and Journalism

Date Written: March 25, 2010

Abstract

This Note argues that the current infrastructure of the Internet renders networks so difficult to control that the objectives of restrictive state policies in the area of Internet speech cannot be achieved without the use of measures inconsistent with the tenets of democracy.

First, this Note explores the perceived importance and necessity of content control of speech in the French legal and cultural orders, and examines the French government’s experience with controlling the Minitel. Then, the author argues that the Internet renders content control much more difficult to implement, and analyzes recent case law and legal developments in France. The Note concludes that, as exemplified in the French experience, the costs of content control weigh against state implementation of traditional regulatory schemes on the Internet.

Keywords: Minitel, Internet, France, Yahoo!

Suggested Citation

Mailland, Julien, Freedom of Speech, the Internet, and the Costs of Control: The French Example (March 25, 2010). New York University Journal of International Law & Politics, Vol. 33, p. 1179, 2001 . Available at SSRN: https://ssrn.com/abstract=1578402

Julien Mailland (Contact Author)

Indiana University Bloomington - Department of Telecommunications ( email )

Bloomington, IN 47405
United States

HOME PAGE: http://www.minitel.us

University of Southern California - Annenberg School for Communication and Journalism ( email )

3502 Watt Way, Suite 304
Los Angeles, CA 90089
United States

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