In a court case involving the establishment of a ruling council and set of stringent copyright rules that included a possible penalty of Internet disconnection, a French court has ruled that Internet access is a ‘Basic Human Right’. This ruling stands as a landmark decision in the support and defense of Net Neutrality.  We congratulate the French for their foresight into the information needs of humanity in the twenty-first century.

“The law was supported by the industry and many artists. They saw it as a model for the USA and Europe in the fight to keep earning a living from their music and film. Net libertarians saw it as the creation of a sinister Big Brother. Many called it technically unworkable. Some artists saw it as hostile to the young consumers who are their main customers.

The Socialist opposition appealed to the council on the grounds that the constitution was breached by the creation of an extra-judicial agency with powers to punish internet offenders.

The council, which includes two former presidents and is usually seen as elderly and out-of-touch, gave the Left more than it was hoping for.

Les sages – the wise men – as the council is known, took the teeth out of the law. They ruled that “free access to public communication services online” is a right laid down in the Declaration of Human Rights, which is in the preamble to the French constitution. It also said the law breached privacy by enabling the HADOPI agency to track people’s internet activity.

It agreed that the law reached the separation of powers because if gave an administrative authority power to impose justice. And to boot, it violated the presumption of innocence because alleged pirates would be cut off without being able to defend themselves, the council said.” Top French court rips heart out of Sarkozy internet law [London Times Online].

[Click to read Top French court rips heart out of Sarkozy internet law at timesonline.co.uk]