The Minister of National Education has brushed aside the proposal of a Member of Parliament who suggested he install mobile jammers in schools. Why? Because it would be contrary to the Postal Code and electronic communications, argues Vincent Peillon.
“Mobile phones can (…) be misused by students,” regretted UMP MP Philippe Meunier in a parliamentary question published last September. The elected then explained his reasoning to the Minister of Education, Vincent Peillon: “Beyond the problems often mentioned (sending and receiving excessive telemessages and calls during school hours, racket problems), they can also to be used to cheat during the tests, to take pictures during the classes with immediate diffusion on the social networks, to browse the Internet without control … “.
According to him, this diagnosis was a “necessity”: the installation of GSM cell phone jammer, aimed at preventing cell phones from being picked up in schools. Without network, no communications, and this for any use. Believing that the professors could “claim to benefit from the same measures of respect as the spectators or actors in the places of entertainment”, Philippe Meunier asked Vincent Peillon if it would be possible “to authorize the installation of jammers GSM in the establishments as is already the case in theaters or cinemas “.
After nearly two months of waiting, the parliamentarian has just received his response from the Minister of National Education. The latter let him know that there is no question of installing this type of device. Vincent Peillon explains that the general inspectorate of the National Education has led a reflection of the possible installation of wave jammers. Result: “If this solution proves to be a way to prevent telephone communications, there is, however, some reluctance of the population towards the emission of electromagnetic waves, including those of” jammers “, given their effects real or supposed on health “.
Most importantly, the Rue de Grenelle argues that Article L33-3-1 of the Post and Electronic Communications Code prohibits “the use of any device designed to render ineffective electronic communications devices of all types, both for only for reception “. However, this article provides an exception: “for the purposes of public order, defense and national security, or the public service of justice”. Problem: “schools are not mentioned in this list limiting,” notes the minister, who sweeps away the proposal of MP Meunier.
Recall as the Minister that the “Grenelle II of the environment” prohibited the use (not possession) of mobile phones in schools and colleges. Article L511-5 of the Code of Education provides that “in kindergartens, elementary schools and colleges, use during any teaching activity and in the places provided for in the rules of procedure, by a pupil , a mobile phone is prohibited. Vincent Peillon indicates in this regard that “it is therefore up to the authorities of each school or college to specify in the rules of procedure places where students can not use their phone.”
But this ban, taken in the name of the precautionary principle, often has no effect. Senator Alain Dufaut was offended by it a little over a year ago, regretting that “the text does not specify, whether it will be up to teachers to enforce the law and what could risk offenders ( especially parents) in case of infringement. These inaccuracies lead to the non-application of this measure, “he was alarmed. The then Minister of Education, Luc Chatel, had told him – like Vincent Peillon – that it was up to each school, under the rules of procedure, to solve this problem. “There are certain provisions that allow us to go to confiscation. In case of repeated failures and recidivism, it is possible to impose school punishments, even disciplinary sanctions “. An explanation that had not satisfied Alain Dufaut: “to sit myself on school boards, I know that it is very difficult to establish rules and sanction their non-compliance”.