The E-commerce Directive was implemented in the UK in August 2002. In general terms it introduces a limited "country of origin" principle, certain information and e-mail and text messaging requirements, and also addresses the liability of ISPs and other so-called intermediaries.
ISP and user groups fought against the proposals, arguing in particular that the legislation will be expensive, will hit legal content as much as illegal content, and will not work properly.
According to Robert Ménard, secretary-general of rights group Reporters Sans Frontiers (RSF):
"The digital economy bill is an incoherent hodgepodge which even internet professionals are hard put to understand."
In an article for RSF, Ménard added:
"We support regulating the internet, but we think this bill would violate freedoms and obstruct the internet's development."
The main concern of RSF is a provision in the bill on the responsibilities of ISPs. According to the group's statement:
"It says service providers are responsible the [sic] content of the webpages on the sites they host. Hosts would become liable under common law of they did not 'act promptly' to block content 'after becoming aware of their unlawful nature'."
RSF questions how ISPs can decide whether or not content is lawful. "Only judges are qualified to do this in France," it observes. The statement continued:
"Internet users would be able to demand the immediate withdrawal of content they consider unlawful. Website hosts - who oppose the bill - would be forced to censor any content likely to deemed unlawful for fear of being found criminally liable, with penalties of up to a year in prison and a fine of 75,000 euros for the manager of a service provider.
The bill's advocates argue that web site hosts would be protected by a clause in the bill making improper accusations of illegality punishable by a year in prison and a fine of 15,000 euros.
Nonetheless, RSF complains that legal decisions would still have to be taken by commercial companies, and it says they are not qualified to do this.
There have been press reports that the French bill requires ISPs to monitor the internet. This is not the case. The E-commerce Directive specifically says there is no general obligation to monitor.
However, the Directive does require ISPs to act expeditiously to remove or disable access to illegal content when it is brought to their attention. It is this obligation that appears to be upsetting RSF, albeit an obligation that is reflected in the UK's implementing law, as it is in other Member States' laws.
According to RSF, the Bill, now adopted on its second reading by the national assembly, must also be passed by the senate. The Bill must then be approved by the constitutional council.