the Constitutional Council validates the necessities, however censors the offense of on-line contempt | EUROtoday

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Certain measures considered to be legislative cavaliers were ruled out by the Constitutional Council.

The Constitutional Council censored, in its choice of Friday May 17, the offense of on-line contempt, a measure which had been launched by the Senate within the invoice geared toward securing and regulating the digital house (SREN). Requested by two completely different referrals, from La France insoumise and the National Rally, the Council dominated on a sure variety of factors contained on this textual content, one of the vital complete of the five-year time period on digital topics.

The new offense of on-line contempt, lastly repealed, was launched by article 19 of the invoice. It punished the act of “disseminate online any content which either violates the dignity of a person or presents an insulting, degrading or humiliating nature towards them, or creates an intimidating, hostile or offensive situation against them”. In sure circumstances, the individual involved may be topic to a further penalty of short-term banning from social networks, one other controversial measure launched by the SREN legislation.

The Constitutional Council thought of that this text 19, attacked by the 2 referrals, supplied for the repression of information which had been already supplied for by French legislation. He additional emphasizes that “the contested provisions make the characterization of the offense dependent on the assessment of subjective elements relating to the perception of the victim”. “It follows from the above that the contested provisions infringe the exercise of freedom of expression and communication which is not necessary, appropriate and proportionate”concludes the choice.

Furthermore, the Constitutional Council censures articles 10, 11, 18 and 58 of the invoice. The latter, which respectively supplied for the creation for the French of a digital identification, the institution of a service bringing collectively entry to all nationwide and native public providers, the experimentation of a mediation system for disputes of on-line communication and a modification of the code of relations between the general public and the administration, are described as “legislative riders”. In different phrases: they don’t have any hyperlink with the preliminary textual content and are due to this fact thought of “irregularly introduced into law” with regard to the Constitution.

Ban on social networks and anti-scam filter

The bulk of the invoice, a patchwork of assorted measures regarding digital expertise, has however been validated. An essential a part of the SREN legislation is notably dedicated to the safety of minors: it offers for the introduction of administrative blocking for pornographic websites that don’t implement age verification instruments to stop minors from accessing their platform. Thus, the place it was beforehand essential to go to court docket to request the blocking of infringing websites, the Audiovisual and Digital Communication Regulatory Authority (Arcom) will probably be ready, after a sequence of formal notices, to itself order suppliers entry to the Internet to stop entry to the websites involved within the territory. The textual content additionally permits for a system of sanctions for hosts who don’t comply, inside twenty-four hours, with requests to take away little one pornography content material. This provision was attacked by La France insoumise in its referral, however was validated by the Constitutional Council.

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