Towards the end of HADOPI in France?

Towards the end of HADOPI in France?

All about internet access in France

It was first thiought that the Supreme Council of the Audiviovisuel (CSA) which could then oversee all media including Internet and thus take over HADOPI.

The draft mentions that the CSA could manage “the provision of audiovisual works, whether cinematographic or audio type of artwork, regardless of the technical broadcast details.” This means that the Council could take over all media broadcast audiovisual content, namely websites, smartphone, podcast, gaming consoles etc …

Regarding its watchdog role, the CSA may seize all cases concerning the protection of minors and human dignity and racism, and monitor at the same time deal with the parental control biases. So what would become the Hadopi institution? In December 2013, the CSA had denounced a massive piracy and suggested that its role should be to take over.

Deemed unnecessary on the users’ side, but also by other government departments, Hadopi seems to be in bad shape.

HADOPI has been again a topic of discussion in France lately. Under the Government’s proposal, the Senate has finally cancelled the dismantling of the High Authority for the Distribution of works and the protection of rights on the Internet (Hadopi), which was scheduled in 2022. Yet the end of the Hadopi law was a promise made by France Hollande in 2012 …

During his campaign for the presidential election in 2012, concerning Internet access in France, Francois Hollande announced the end of the Hadopi law: “I will restore the Hadopi law by signing a great law Act 2 of the French cultural exception, which will reconcile the defense creators’ rights and access to internet works with ease and secure. ”

Since then, the famous “French cultural exception Act 2 ” was put in place, and the promise to beef up the crackdown against commercial counterfeiting has been respected. However, the end of the HADOPI law was forgotten.

At the turn of an amendment passed by surprise by a small number of deputies earlier this year, in a text on the administrative authorities, the MPs decided to set the end of the Hadopi to happen in 2022. The government was then forced to take public position forgetting the commitment of the President Hollande.

The Law Committee of the Senate adopted on second reading the draft law by which the government amendment halted the end of the Hadopi. The Government had to explain the reasons for this amendment and why it did not intend to tackle the graduated response. “Since 2010, the High Authority for the Distribution of Works and the Protection of Rights on the Internet (HADOPI) fully ensures the implementation of its missions, i.e. the graduated response and development of legal offers”.

Hadopi has become an important element of the fight against piracy strategy, in particular its educational role, alongside other elements such as, for example, efforts to dry up funding for sites participating in the illegal distribution of some protected works.

From the beginning,  the choice was made to entrust an independent public authority graduated response procedure which was, not an act of infringement, but an oversight in relation to the obligation Internet subscription holder surveillance its access position.

The status of an independent public authority, the manner of appointment of its members and the irrevocable and non-renewable acts, ensure the HADOPI’s actions to happen independently.
The Government states that because the educational role of the HADOPI, concerning the implementation of the fight against piracy and monitoring the development of legal offers, it is not advisable to open a debate today on the future of the HADOPI.

Internet access in France is thus controlled.

But HADOPI will not disappear in 2022, which seemed unlikely any way. It will continue to be very expensive to the taxpayer and to the rights holders (those who pay the collection of IP addresses) for a more efficient relative.

Since 2010, the implementation of the Hadopi law seems to have already cost nearly 60 million euros.

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