The top legal authority in France, the Conseil Constitutionnel, ruled that the “three strikes” rule backed by the entertainment companies and Nicolas Sarkozy contravenes the French constitution. It went on to describe access to the Internet as a fundamental human right.
Citing the freedom of expression and communication guaranteed by the 1789 Declaration of the Rights of Man and of the Citizen, the council ruled that Internet access is vital for access to democratic life and the expression of ideas and opinions.
The council said the powers pushed for by Mr. Sarkozy and the entertainment industries could restrict someone’s right to express themselves and communicate freely. It said these powers should only be given to a judge.
Furthermore, the council also noted the presumption of guilt before proof inbuilt into the law, which is yet another transgression on the Declaration of the Rights of Man and of the Citizen.
They recommended that personal data collected by the entertainment industries be managed by the CNIL to ensure these persons’ right to privacy is respected.
