Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression

Authors

• Nicola Lucchi, University of Ferrara, Italy

Abstract

In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, respect for the right to be heard and the necessary compromise between copyright and freedom of expression and communication.

Disciplines

Communications Law | Constitutional Law | Intellectual Property Law | Law | Science and Technology Law

Recommended Citation

Nicola Lucchi, Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression, 19 Cardozo J. Int'l & Comp. L. 645 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol19/iss3/5