Telecoms package and HADOPI
Just a thought here.. Not being a lawyer, but the French HADOPI law includes something called ordonnance pénale, which is basically an automated court, with the accused having no chance to defend her or himself. It was added, since France’s Constitutional Court declared the first version (no legal instance) unconstitutional.
However, with the new text in the Telecom package combined with the ordonnance pénale means that each case must be heard, and the “automatic process” (the only viable option economically at the scale Sarkozy wants it to be handled) has to be abolished?
Article 1.3a in the Telecoms Package states that:
Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned
If so, France is looking at a hefty cost in administration every time a media company points finger at a person…
