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Removal of desire. The Constitutional Council ratifies Bersi’s decision

The Constitutional Council has decided. In the decision published on Friday, the court considers the mechanism of removal from websites ordered by the administration to be constitutional.

The Constitutional Council considers that the legal provisions that allow the administration to order the removal of certain e-mail addresses from interfaces whose content is clearly illegal are constitutional. “, it is stated in the message of the Constitutional Council. He was seized on this issue by the State Council in July 2022, which was itself seized by the Wish website. Then the State Council transferred this issue to the Constitutional Council. Clearly, the Constitutional Council agrees with Bercy and the judge that the power to take down certain websites for illegal content is constitutional. This is another setback for the Wish platform, which had hoped to overturn the decision to delist it.

Indeed, at the end of 2021, Bersi ordered Wish to be removed from major search engines. This decision was made possible by a new provision voted in parliament in 2020, which gave this power to the DGCCRF (Directorate General for Competition, Consumerism and Anti-Fraud), an administration under the Ministry of Economy.

90% of electrical devices are considered dangerous

Studies conducted by the DGCCRF have found that a significant portion of the products sold by the market are substandard or even unsafe. The conclusion was really simple. 90% of electrical appliances analyzed are considered dangerous, along with 62% of costume jewelry and 45% of toys. For example, the investigation specifically found that the site sells electronic products such as light garlands or phone chargers that can cause electric shock or even fire. The DGCCRF had ordered Wish to comply. The lack of response from the platform triggered the sanction, which is not the most severe and can reach the blocking of the domain name.

Hartak asked the courts to cancel this sanction, to no avail. In late 2021, he was dismissed from his summary appeal against the Ministry of Economy and Finance, which was shown by the Administrative Court of Paris. The judge then rejected Wish’s arguments, stating that the platform, which is accused of selling dangerous products, had not shown that it complied with Bercy’s instructions to ensure better safety of its products.

Wish remains accessible to French Internet users through their web browser, but its removal from search engine results cuts it off from a significant portion of its traffic.


Source: Le Figaro

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