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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

Nicola Lucchi

Jönköping International Business School; Università di Ferrara - Dipartimento di Giurisprudenza; Catholic University of Louvain

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)

Jönköping International Business School ( email )

Gjuterigatan 5
Jönköping, 55111
Sweden

HOME PAGE: http://https://jibs.academia.edu/NicolaLucchi

Università di Ferrara - Dipartimento di Giurisprudenza ( email )

C.so Ercole I d'Este 37
Ferrara, 44121
Italy
+39 0532 455614 (Phone)
+30 0532 455614 (Fax)

HOME PAGE: http://www.unife.it/igm

Catholic University of Louvain ( email )

Pl. Montesquieu, 2
Louvain-la-Neuve, B-1348
Belgium

HOME PAGE: http://www.uclouvain.be/nicola.lucchi

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