Internet censorship in France
Encyclopedia
There is very little Internet censorship in France, apart from limited filtering of child pornography
and Web sites that promote terrorism
or racial hatred, and attempts to protect copyright
.
law threatening to ban users from the Internet upon their third violation has drawn much criticism from privacy advocates as well as the European Union
(EU) parliament.
In November 2010 France was classified by the OpenNet Initiative
as showing no evidence of Internet filtering in any of the four areas monitored (political, social, conflict/security, and Internet tools)
However, with the implementation of the "three-strikes" legislation and a law providing for the administrative filtering of the web and the defense of a "civilized" Internet, 2010 was a difficult year for Internet freedom in France. The offices of several online media firms and their journalists were targeted for break-ins and court summons and pressured to identify their sources. As a result, France has been added to Reporters Without Borders
list of "Countries Under Surveillance".
block Nazi material in the case LICRA vs. Yahoo. In 2001 a U.S. District Court Judge held that Yahoo cannot be forced to comply with French laws against the expression of pro-Nazi and anti-Semitic views, because doing so would violate its right to free expression under the First Amendment of the U.S. Constitution. In 2006 a U.S. Court of Appeals reversed the District Court, finding either a lack of jurisdiction or an inability to enforce it order in France and the U.S. Supreme Court refused to consider an appeal.
law, enacted in 2009, allows disconnecting from the Internet users that have been caught illegally downloading copyrighted content, or failing to secure their system again such illegal downloads; as of August 2009, this law is to be supplemented by a Hadopi2 law. The LOPPSI 2 law, brought before Parliament in 2009, will authorize a blacklist
of sites providing child pornography
, established by the Ministry of the Interior
, which Internet service providers will have to block. The Loppsi "Bill on direction and planning for the performance of domestic security" is a far-reaching security bill that seeks to modernise Internet laws, criminalising online identity theft, allowing police to tap Internet connections as well as phone lines during investigations and targeting child pornography by ordering ISPs to filter Internet connections.
In 2010, French parliament opposed all the amendments seeking to minimise the use of filtering Internet sites. This move has stirred controversy throughout French society, as the Internet filtering intended to catch child pornographers could also be extended to censor other material.
Critics also warn that filtering URLs will have no effect, as distributors of child pornographer and other materials are already using encrypted peer-to-peer systems to deliver their wares.
In 2011 the Constitutional Council of France
validated Article 4 of the LOPPSI 2 law, thereby allowing filtering the Internet without any justice decision. The filtered sites blacklist being under the control of an administrative authority depending directly from the Ministery of the Interior
without any independent monitoring.
On 21 April 2011, the Hadopi announced they planned integrating a spyware called "securization software" in the french Internet Service Providers provided modem-routers with the explicit goal of tracking any communication including private correspondance and instant messengers exchanges.
advocacy group La Quadrature du Net
, this is "a censorship power over the Internet that is probably unrivaled in the democratic world." In response to criticism, on 23 June 2011 the minister for the Industry and the Digital economy, Éric Besson, announced that the Government would rewrite the order, possibly calling for a judge to review the legality of the content and the proportionality of the measures to be taken. Any executive order has to be approved by the French Council of State, which will have to decide whether Internet censorship authorization can be extended to such an extent by a mere executive order. It has also been suggested that, because e-commerce legislation is to be harmonized within the European Union
, the draft should be reviewed by the European Commission
.
, a Paris-based organization that campaigns against restrictions on the Internet.
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
and Web sites that promote terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
or racial hatred, and attempts to protect copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
.
Overview
France continues to promote freedom of the press and speech online by allowing unfiltered access to most content, apart from limited filtering of child pornography and web sites that promote terrorism, or racial violence and hatred. The French government has undertaken numerous measures to protect the rights of Internet users, including the passage of the Loi pour la Confiance dans l’Économie Numérique (LCEN, Law for Trust in the Digital Economy) in 2004. However, the passage of a new copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law threatening to ban users from the Internet upon their third violation has drawn much criticism from privacy advocates as well as the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) parliament.
In November 2010 France was classified by the OpenNet Initiative
OpenNet Initiative
The OpenNet Initiative is a joint project whose goal is to monitor and report on internet filtering and surveillance practices by nations. The project employs a number of technical means, as well as an international network of investigators, to determine the extent and nature of government-run...
as showing no evidence of Internet filtering in any of the four areas monitored (political, social, conflict/security, and Internet tools)
However, with the implementation of the "three-strikes" legislation and a law providing for the administrative filtering of the web and the defense of a "civilized" Internet, 2010 was a difficult year for Internet freedom in France. The offices of several online media firms and their journalists were targeted for break-ins and court summons and pressured to identify their sources. As a result, France has been added to Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
list of "Countries Under Surveillance".
LICRA vs. Yahoo
In 2000 French courts demanded Yahoo!Yahoo!
Yahoo! Inc. is an American multinational internet corporation headquartered in Sunnyvale, California, United States. The company is perhaps best known for its web portal, search engine , Yahoo! Directory, Yahoo! Mail, Yahoo! News, Yahoo! Groups, Yahoo! Answers, advertising, online mapping ,...
block Nazi material in the case LICRA vs. Yahoo. In 2001 a U.S. District Court Judge held that Yahoo cannot be forced to comply with French laws against the expression of pro-Nazi and anti-Semitic views, because doing so would violate its right to free expression under the First Amendment of the U.S. Constitution. In 2006 a U.S. Court of Appeals reversed the District Court, finding either a lack of jurisdiction or an inability to enforce it order in France and the U.S. Supreme Court refused to consider an appeal.
Hadopi laws
The HadopiHADOPI law
The French HADOPI law or Creation and Internet law was introduced during 2009 as a means to control and regulate internet access and encourage compliance with copyright laws...
law, enacted in 2009, allows disconnecting from the Internet users that have been caught illegally downloading copyrighted content, or failing to secure their system again such illegal downloads; as of August 2009, this law is to be supplemented by a Hadopi2 law. The LOPPSI 2 law, brought before Parliament in 2009, will authorize a blacklist
Blacklist
A blacklist is a list or register of entities who, for one reason or another, are being denied a particular privilege, service, mobility, access or recognition. As a verb, to blacklist can mean to deny someone work in a particular field, or to ostracize a person from a certain social circle...
of sites providing child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
, established by the Ministry of the Interior
Minister of the Interior (France)
The Minister of the Interior in France is one of the most important governmental cabinet positions, responsible for the following:* The general interior security of the country, with respect to criminal acts or natural catastrophes...
, which Internet service providers will have to block. The Loppsi "Bill on direction and planning for the performance of domestic security" is a far-reaching security bill that seeks to modernise Internet laws, criminalising online identity theft, allowing police to tap Internet connections as well as phone lines during investigations and targeting child pornography by ordering ISPs to filter Internet connections.
In 2010, French parliament opposed all the amendments seeking to minimise the use of filtering Internet sites. This move has stirred controversy throughout French society, as the Internet filtering intended to catch child pornographers could also be extended to censor other material.
Critics also warn that filtering URLs will have no effect, as distributors of child pornographer and other materials are already using encrypted peer-to-peer systems to deliver their wares.
In 2011 the Constitutional Council of France
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
validated Article 4 of the LOPPSI 2 law, thereby allowing filtering the Internet without any justice decision. The filtered sites blacklist being under the control of an administrative authority depending directly from the Ministery of the Interior
Minister of the Interior (France)
The Minister of the Interior in France is one of the most important governmental cabinet positions, responsible for the following:* The general interior security of the country, with respect to criminal acts or natural catastrophes...
without any independent monitoring.
On 21 April 2011, the Hadopi announced they planned integrating a spyware called "securization software" in the french Internet Service Providers provided modem-routers with the explicit goal of tracking any communication including private correspondance and instant messengers exchanges.
June 2011: Draft executive order implementing the Law for Trust in the Digital Economy
A June 2011 draft executive order implementing Article 18 of the Law for Trust in the Digital Economy (LCEN) would give several French government ministries the power to restrict online content “in case of violation, or where there is a serious risk of violation, of the maintenance of public order, the protection of minors, the protection of public health, the preservation of interests of the national defense, or the protection of physical persons.” According to Félix Tréguer, a Policy and Legal Analyst for the digital rightsDigital rights
The term digital rights describes the permissions of individuals legitimately to perform actions involving the use of a computer, any electronic device, or a communications network...
advocacy group La Quadrature du Net
La Quadrature du Net
La Quadrature du Net is a French advocacy group that promotes the digital rights and freedoms of citizens. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge...
, this is "a censorship power over the Internet that is probably unrivaled in the democratic world." In response to criticism, on 23 June 2011 the minister for the Industry and the Digital economy, Éric Besson, announced that the Government would rewrite the order, possibly calling for a judge to review the legality of the content and the proportionality of the measures to be taken. Any executive order has to be approved by the French Council of State, which will have to decide whether Internet censorship authorization can be extended to such an extent by a mere executive order. It has also been suggested that, because e-commerce legislation is to be harmonized within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, the draft should be reviewed by the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
.
October 2011: Cop-watching site blocked
On 14 October 2011 a French court ordered French Internet service providers to block the Copwatch Nord Paris I-D-F website. The website shows pictures and videos of police officers arresting suspects, taunting protesters and allegedly committing acts of violence against members of ethnic minorities. The police said they were particularly concerned about portions of the site showing identifiable photos of police officers, along with personal data, that could lead to violence against the police. However, free speech advocates reacted with alarm. “This court order illustrates an obvious will by the French government to control and censor citizens’ new online public sphere,” said Jérémie Zimmermann, spokesman for La Quadrature du NetLa Quadrature du Net
La Quadrature du Net is a French advocacy group that promotes the digital rights and freedoms of citizens. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge...
, a Paris-based organization that campaigns against restrictions on the Internet.