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  • France's highest constitutional authority on Friday slapped down a new offence that could see people jailed and fined heavily for downloading content that can be interpreted as an apology for terrorism. The crime, dubbed "possession of an apology for terrorism", infringed on France's long-held constitutional guarantee of freedom of expression in a way that was not necessary, appropriate, or proportionate, the Constitutional Council ruled. The new crime came into being following a decision of France's highest appeals court in January. The appeals court ruled on a challenge brought by a man who was jailed after being arrested with videos on his laptop and two mobile phones that prosecutors said amounted to an apology for terrorism. The new crime was punishable by five, seven or ten years in prison and a fine of between 375,000 and 750,000 euros ($420,000-840,000). The Constitutional Council said the purpose of the new offence was to prevent dissemination of dangerous ideas and the indoctrination of individuals to commit acts of terror. But as it stands, even a person who has no intent of perpetrating terrorism, nor is an apologist for such acts, can be found guilty and jailed, it said. Rights bodies had criticised the January ruling by the appeals court as an attempt to get around two earlier decisions by the Constitutional Council against an offence of "habitual" consultation of terrorist sites. "It is a fresh victory," said Friday Patrice Spinosi, a lawyer for France's Human Rights League and the plaintiff in the case, who had been sentenced to an effective four years in prison. "The appeals court was trying to reestablish this crime of consulting terrorist sites with an artificial construction. The Constitutional Council has confirmed the jurisprudence," he told AFP. The council's members are known as "the sages", including former presidents and some senior politicians. On Thursday, they ruled against a key part of new legislation that aims to fight hatred online but also sparked controversy among critics as harming civil liberties. asl/mlr/sjw/wai
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  • France told to scrap rule criminalising 'terror apology' downloads
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