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Alert

RSF urges Senate to amend Digital Economy Bill during final reading

(RSF/IFEX) - RSF has reiterated its opposition to the Bill to Promote Confidence in the Digital Economy (projet de loi sur la confiance dans l'économie numérique, LEN), which is intended to translate a June 2000 European Union (EU) directive into French law. Final reading of the bill is expected to take place during a public session of the Senate on 7 April 2004.

The organisation urged senators to seize this last opportunity to amend the law so that it respects the rights of Internet users and online content editors. As it stands, the bill is a threat to free expression on the Internet, as it would force Internet hosts to act as censors.

"If the LEN is approved, excessive Internet censorship is likely to ensue," RSF warned. "Italy, Spain and Belgium have refused to turn hosts into 'Internet judges', although they implemented the same EU directive. We call on senators to ensure that only real judges will have the power to censor the Internet," the organisation added.

RSF previously criticised the LEN during the second reading of the bill before the National Assembly. The Economic Affairs Commission report released by Senators Pierre Hérisson and Bruno Sido indicates the Senate may be willing to make improvements to the bill. The report opposed forcing Internet Service Providers (ISPs) to screen for illegal content, as is required by the version of the bill that was approved by the National Assembly.

However, the bill's most problematic feature - requiring ISPs to censor online content - remains unchanged. RSF believes this to be a dangerous interpretation of the EU directive. Italy and Spain opted to give a "competent body" the power to determine the legality of disputed content, while Belgium assigned this responsibility to the state prosecutor. These three countries recognised the danger of privatising judicial authority over the Internet. RSF calls on France's senators to take this danger into account and amend Article 2 of the LEN so that it is left to judges to determine whether specific online content is illegal and must be suppressed.

As RSF explained previously, Article 2 of the LEN stipulates that ISPs are responsible for the content of web pages on the sites they host. Hosts would thereby become liable under common law if they did not "act promptly" to block content "after becoming aware of its unlawful nature".

How can ISPs be expected to decide whether or not content is lawful, RSF asked? Only judges are qualified to do this in France. Internet users would be able to demand the immediate withdrawal of content they consider to be unlawful. Website hosts - who oppose the bill - would be forced to censor all content likely to be deemed unlawful for fear of being found criminally liable, with penalties of up to one year in prison and a fine of 75,000 euros (approx. US$91,000) for ISP managers.

The LEN's advocates argue that website hosts would be protected by a clause in the bill making improper accusations of illegality punishable by one year in prison and a fine of 15,000 euros (approx. US$18,000). Nevertheless, legal decisions would still have to be made by commercial companies, and RSF does not believe that they are qualified to make those decisions.