Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression

35 Pages Posted: 8 Feb 2011 Last revised: 18 Sep 2014

See all articles by Nicola Lucchi

Nicola Lucchi

Universitat Pompeu Fabra - Department of Law

Date Written: February 6, 2011

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: graduated response, copyright enforcement, free speech, Hadopi, access to Internet, rule of law, information law, constitutional rights, civil rights, digital communications

JEL Classification: K30, K10

Suggested Citation

Lucchi, Nicola, Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression (February 6, 2011). Cardozo Journal of International and Comparative Law (JICL), Vol. 19, No. 3, 2011, Available at SSRN: https://ssrn.com/abstract=1756243

Nicola Lucchi (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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