France's controversial attempt to crack down on internet pirates by unilaterally cutting off internet access was dealt a severe blow after the country's highest court ruled that the draconian legislation violated human rights.

The Constitutional Court said on Wednesday that the so-called Hadopi law - which would have allowed a government commission rather than a court to disconnect repeated internet offenders - violated the principles of free speech and presumed innocence.

In light of the generalised use of the internet, the court said, the right to freedom of expression implied the right to access the web. Thus only a judge could decide if access should be denied.

The ruling is a severe blow for President Nicolas Sarkozy, who intervened personally last month to ensure the bill was was passed though it contravened the position of the European parliament. It is likely to fuel criticism of his alleged authoritarian tendancies and disregard for due process.

The court's ruling was the "most severe for a good decade," said Dominique Rousseau, professor of constitutional law at Montpellier University. It "accused the government of disregarding liberty of expression, the principle of separation of powers and at the same time presumption of innocence," he said in an interview with AFP news agency.

The court's ruling was greeted with delight by the opposition, a welcome victory after the devastating defeat at the hands of the ruling UMP party in last weekend's European elections.

"It is Nicolas Sarkozy who has been censured by the constitutional court," said socialist deputy Patrick Bloch. "This is a bill he supported that he wanted."

Nonetheless the Socialists have badly offended their traditional supporters in the media and artistic communities with their opposition to Hadopi, particularly after they initially managed to defeat the bill in its first vote when UMP deputies failed to turn up.

Socialist deputies at the forefront of the fight against Hadopi were keen on Wednesday to stress that new measures would have to be found to crack down on those who download films or music illegally.

"We have to turn the page and get to work withthe artists and all those who have rights," said Socialist deputy Christian Paul.

The government, meanwhile, was last night scrambling to salvage the rest of the bill, which also attempts to promote development of creative web content by offering stronger protection of originator's rights as well as strengthen sanctions against pirates.

Christine Albanel, Culture Minister, said plans to create an Internet High Authority, would go ahead and the first warnings to illegal downloaders would be issued this autumn. The authority will rely on online surveillance by copyright owners - usually film and music companies - to identify internet pirates. Under the previous legislation two warnings were to have been given before the Hadopi Authority could cut off users. The case for disconnection will now have to be submitted to a judge.
DeathKnell Reviewed by DeathKnell on . French Anti-Piracy Drive Ruled Illegal France's controversial attempt to crack down on internet pirates by unilaterally cutting off internet access was dealt a severe blow after the country's highest court ruled that the draconian legislation violated human rights. The Constitutional Court said on Wednesday that the so-called Hadopi law - which would have allowed a government commission rather than a court to disconnect repeated internet offenders - violated the principles of free speech and presumed innocence. In light of the Rating: 5