Under article 11 of the Declaration of the Rights of Man and of the Citizen: “The free communication of thoughts and opinions is one of the most precious human rights; any citizen can therefore speak, write, print freely, except to answer for the abuse of this freedom, in the cases determined by the law “ ; Cons.const. January 17, 1989
– Freedom of communication and expression is set out in article 11 of the Declaration of the Rights of Man and of the Citizen of 1789. It is the subject of constant protective jurisprudence by the Constitutional Council. It was recently the subject of the decision n ° 2009-577 DC of March 3, 2009.
– In its decision on Hadopi 2 ( decision n ° 2009-580 DC ,) the Constitutional Council affirmed that this freedom implies today, given the generalized development of the Internet and its importance for participation in democratic life and the expression of ideas and opinions, the freedom to access these online communication services to the public.