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Hadopi 2's final vote is postponed till 15 September

29 July, 2009

This article is also available in:
Deutsch: Endabstimmung über Hadopi 2 auf den 15. September verschoben

The French deputies had only a few days before the summer vacation to debate the new text of the three strikes law (called Hadopi 2) that was adopted by the Senate on 8 July 2009. As the opposition introduced a very large number of amendments, a vote for the entire text was not possible and the National Assembly President's decision was to postpone the vote until September.

The Assembly had 894 amendments to discuss but the text was not basically modified, but rather adjusted. One of the good decisions was that the surveillance of electronic communications will not be possible so e-mails were excluded from the investigation field. The access to the Internet will be cut off only in case of recurrent alleged illegal file-sharing or in case the Internet connection was not secured after a first warning from Hadopi authority.

The deputies also approved the penal ordinance procedure meaning that the alleged illegal downloader can be sanctioned in his (her) absence, according to a rapid procedure, by a sole judge. The user in case could be given a fine but can also ask for a classical procedure. The text is different from the one voted by the Senate which means that a Mixted Paritary Commission will be needed in order to find a compromise between the two versions. Anyway, the text still ignores the presumption of innocence which is contradicting the Constitution, as previousely ruled by the Constitutional Council.

The amendment regarding the two euro "creative contribution" to the Internet subscription in order to finance the creators was again rejected but during a meeting with the socialists, the new Minister of Culture Frédéric Mitterrand, while stating that he supported the Government position on Hadopi, also admitted that the draft law was not solving the issue of the financing of culture.

And as the opposition has already promised to appeal again to the Constitutional Council in case the draft law is voted by the National Assembly, the text might also have to pass the constitutionality test as well.

Analyse note of the draft law on criminal protection of the literary and artistic property on the Internet (only in French, 19.07.2009)

French Anti-Piracy Sanctions Delayed (23.07.2009)

Hadopi 2: the deputies voted all the articles (only in French, 24.07.2009)

Hadopi 2: the deputies' vote pushed till September (only in French, 21.07.2009)

Hadopi 2: the deputies discharge cutting off messaging (only in French, 23.07.2009)

Hadopi 2, last debate day before the Parliamentary vacation (only in French, 23.07.2009)

EDRIgram: Hadopi 2 adopted very fast by the French Senate (15.07.2009)



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