The French three strikes system gave up on Internet disconnection

By EDRi · July 17, 2013

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Deutsch: [Three-Strikes: Frankreich verabschiedet sich von Netzsperren |]

The French three strikes law, known as Hadopi, has for years generated
debate and controversy, primarily because it allowed for the
disconnection of the Internet connections of individuals deemed to have
illegally downloaded copyrighted material. Now, however, there is a
slight ray of sunshine in the matter. The French Government has given up
on this approach.

On 9 July 2013, a decree was published eliminating the possibility to
cut off users’ connections for alleged copyright infringement. An
automated fine system will now be applied to those allegedly infringing
the copyright law.

In June 2013, a nine-member panel lead by former Canal Plus chairman
Pierre Lescure, issued a report on policies for the entertainment
industries in the digital age which concluded, among other things, that
the three strikes system had not delivered the results promised by the
government. The panel recommended that the Internet disconnections for
infringers should be given up.

The measure will be replaced by a “five-class” fine, meaning a fine of
1500 Euro which could go even up to 3000 Euro in cases of continuous
infringing “when the regulations allow it.” According to the Minister of
Culture Aurélie Filippetti, this imposition of the fine will be at the
decision of a judge who is the only authority to “decide upon the
relevance and amount” of the fine. Hadopi, the independent authority,
will disappear. That could be also good news. But not really, since the
three strikes warning system will continue as a “pedagogical” measure
and will be operated by Audiovisual Regulatory Authority – CSA (Conseil
supérieur de l’audiovisuel).

Meanwhile, Ireland is heading in a different direction. On 3 July 2013,
the Irish Supreme Court has backed a “three strikes and you’re out”
agreement upholding a challenge by four music companies to an
enforcement notice of the Data Protection Commissioner of 5 December
2012 which required Eircom to stop implementing the three strikes
protocol by means of which users receive three warnings for illegal
downloading before terminating their Internet access service.

The Supreme Court unanimously dismissed the appeal made by the data
commissioner against the High Court decision because the Irish DPA did
not specify what provisions of the Data Protection Acts had been
contravened by the protocol.

Three Strikes and You’re Still In – France Kills Piracy Disconnections

French Criminal Code – Sub-section 4: Infringement fines (only in French)

Hadopi: Filippetti cuts the cut but not the fine (only in French,

Hadopi: Filippetti confirms the death act but supports the private copy
(only in French, 9.07.2013)

Hadopi: cutting the Internet access is eliminated (only in French,

Supreme Court backs ‘three strikes’ deal to fight illegal downloading

EDRi-gram: Hadopi wants to turn to privatised enforcement measures (13.03.2013)