The bill, known as the LEN, is intended to translate a June 2000 European Union (EU) directive into French law and is due for its final reading before the French senate in a public session the day after tomorrow (8 April).
RSF is urging senators to amend the law so that it respects the rights of internet users and online content editors. As it stands, the pressure group believes, the bill is a threat to free expression and will force web site hosts to act as censors.
"If the LEN is approved, excessive internet censorship is likely to ensue," RSF said. "Italy, Spain and Belgium refused to turn hosts into internet judges although they were implementing the same EU directive, so we call on the senators to ensure that only real judges will have the power to censor the Internet."
Italy and Spain have elected to give a 'competent body' the power to determine the legality of disputed content, while Belgium has given this responsibility to the state prosecutor.
Article 2 of the LEN says hosting companies are responsible for the content of the web pages on the sites they host. Hosts would become liable under common law if they did not "act promptly" to block content "after becoming aware of their unlawful nature".
RSF argues that only judges are qualified to assess whether content is lawful or not. But if the bill becomes law, internet users would be able to demand the immediate withdrawal of content they consider unlawful.
Hosting companies, with the prospect of penalties of up to a year in prison and a fine of 75,000 euros for their managers, would be forced to respond by censoring any content likely to be deemed unlawful.
Supporters of the bill argue that hosts would be protected by a clause in the bill that makes improper accusations of illegality punishable by a year in prison and a fine of 15,000 euros.
See also: http://www.internet.rsf.org
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