Hadopi 2 Passes French Senate

A French bill to protect literary and artistic intellectual property rights on the internet passed the French Senate last night with 189 votes in favour over 142 votes against its adoption.

A law creating a high-level authority for the protection of artistic works on the internet (with the French acronym HADOPI) passed in May (IPW, Enforcement, 13 May 2009), but was later challenged by the French Constitutional Council on grounds that two of its articles went against part of the French Constitution relating to freedom of communication and expression (IPW, Enforcement, 11 June 2009). These articles allowed the HADOPI authorities to take action against alleged infringers, but the French Constitution requires that accused be presumed innocent and their case sent before a judge.

The newly passed Senate law would allow for the same punishments – banning individual users from the internet for repeat violations, for example – but would have a judge rather than the HADOPI commission make the decision.

Minutes of the discussion leading to the decision are available here, in French only.