The Constitutional Council on Saturday gave the green light to the LREM bill, which was passed in late July and plans to force publishers and web hosts to remove so-called terrorist content within one hour. The “wise men” were seized by the deputies of La France, which do not accept this text, which adapts the European regulation and partially accepts one of the provisions of the Avia law, which was widely challenged by the Constitutional Council in July 2020.
The law requires a recallterrorist contentonline within an hour to all hosting service providers and introduces the ability of national authorities to issue cross-border withdrawal orders. Refusal to remove this content is punishable by one year in prison and a fine of 250,000 euros, and in extreme cases can reach up to 4% of the digital platform’s turnover.
In their complaint, the Insumis argued that the text contained “A clear violation of the freedom of speech and communication guaranteed by Article 11 of the 1789 Declaration of the Rights of Man and Citizen.“.
The Constitutional Council considers in its decision that “the impugned provisions do not violate freedom of speech and communication“and”therefore considers them in accordance with the Constitution“. The elders particularly emphasize the terrorist content.”among them are abuses of freedom of speech and communication that seriously disrupt public order and the rights of third parties“.
“Quite detailed motivation”
The recall order must also “includes not only a reference to the content type, but also a sufficiently detailed motivation“Welcome to the Sages. It is the Central Office for Combating Crime Related to Information and Communication Technologies (OCLCTIC), which is the judicial police service appointed to make self-revocation decisions.
Also, the qualified person of Arcom (Audiovisual and Digital Communications Regulatory Authority) can recommend the annulment of the recall act, if it considers it unreasonable, or even the urgent confiscation of administrative justice. Thus, “The determination of the terrorist nature of the content in question is not left solely to the discretion of the administrative body“, the Council notes.
Finally, for web hosts and publishers who challenge a takedown order, the ability to obtain a decision from an administrative justice within 72 hours, and within one month in the event of an appeal, is in the eyes of the wise.immediately“.
Source: Le Figaro
