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TEXT ADOPTED No 310

‘Little law’

__

NATIONAL ASSEMBLY

CONSTITUTION OF 4 OCTOBER 1958

FIFTEENTH LEGISLATURE

EXTRAORDINARY SESSION, 2018-2019

9 July 2019

DRAFT LAW

aimed at combating hate content on the Internet,

ADOPTED BY THE NATIONAL ASSEMBLY

AT THE FIRST READING.

(Accelerated procedure)

The National Assembly has adopted the draft law, the content of which follows:

See numbers: 1785, 2062 and 1989.

.............................................................................................................................................

Chapter I

Enhanced obligation to remove online hate content

(New division and title)
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25 June 2020

Official Journal of the French Republic (JORF) No 0156 of 25 June 2020

Text No 1

LAW No 2020-766 of 24 June 2020 aimed at combating hate content on the Internet (1)

NOR: JUSX1913052L

ELI:https://www.legifrance.gouv.fr/eli/loi/2020/6/24/JUSX1913052L/jo/texte

Alias: https://www.legifrance.gouv.fr/eli/loi/2020/6/24/2020-766/jo/texte

The National Assembly and the Senate have deliberated,

The National Assembly has adopted,

Having regard to Decision No 2020- 801 DC of 18 June 2020 of the Constitutional Council;

The President of the Republic hereby promulgates the Law, the content of which follows:

Chapter I: Simplification of the online hate content notification mechanisms

Article 1

I. – Law No 2004-575 of 21 June 2004 on confidence in the digital economy is amended as follows:

1. After Article 6-1, an Article 6-2 is inserted, worded as follows:

‘Article 6-2. – I. – Without prejudice to the provisions of Article 6(I)(2) of this law, operators of online platforms (within the meaning of Article L111-7(I) of the Consumer Code) offering an online public communication service based on connecting multiple parties for the purposes of sharing public content or based on classifying or referencing content by means of computer algorithms, which is offered or placed online by third parties, where this activity on French territory exceeds thresholds determined by decree, shall be required (given the general interest attached to respecting human dignity and combating content published on the internet that condones crimes against humanity, incites acts of terrorism, advocates such acts or incites hatred, violence or discrimination, or insults a person or group of persons on the grounds of origin, race, religion, ethnicity, nationality, sex, sexual orientation, gender identity or disability, whether true or alleged) to render inaccessible, within 24 hours of notification by one or more persons of any content manifestly constituting one of the offences mentioned in paragraph 3 of Article 6(I)(7) of this law and Article 33(3 and 4) of the Law of 29 July 1881 on freedom of the press, or to cease referencing this content, within the same period.

If content such as that referred to in paragraph 1 of this point I has been removed, the operators shall replace said content with a message indicating that it has been removed.

Deleted illegal content must be preserved for a maximum of one year for the purposes of investigating, identifying and prosecuting criminal offences, exclusively to make information available to the judicial authority.

Failure to meet the obligation defined in paragraph 1 of point I of this article shall incur the penalties provided for in Article 6(VI), (1) of this law.

Any association referred to in Articles 48-1 to 48-6 of the aforementioned Law of 29 July 1881 may, under the same conditions and subject to the same reservations as those provided for in the same Articles 48-1 to 48-6, exercise the rights recognised for the civil party in respect of the offence mentioned in the penultimate paragraph of point I of this article where the offence relates to content constituting an offence in respect of which the association may exercise the same rights.’;

2. (new) (Deleted)

II and III. – (Deleted)

IV (new). – In paragraph3 of Article 6(I)(7) of the aforementioned Law No 2004-575 of 21 June 2004, the words: ‘ou identité sexuelle’ are replaced by the words: ‘sexuelle, de leur identité de genre’, resulting in the English meaning: ‘...hate towards persons on account of their sex, sexual orientation or identity, or their disability...’.

Article 1bis (new)

Article 6-2 of the aforementioned Law No 2004-575 of 21 June 2004, as worded as a result of Article 1 of this Law, is supplemented by a point II, worded as follows:

‘II. – The 24 hour period mentioned in paragraph 1 of point I of this article shall run from the receipt by the operator of a notification comprising the following elements:

1. If the notifier is a natural person: their surname, other name(s), first name and email address; if the notifier is a legal person: its corporate form, its corporate name and its email address; if the notifier is an administrative authority: its name and email address. These conditions shall be deemed met if the notifier is a registered user of the online public communication service referred to in the same paragraph 1, who is connected at the time of notification, and if the operator has collected the necessary information to identify them;

2. The category in which the disputed content belongs, a description of the content, the reasons for which it must be removed, made inaccessible or dereferenced and, where applicable, the email address(es) to which this content is made accessible.’

Article 1ter A (new)

Paragraph 2 through to the penultimate paragraph of Article 6(I)(5) of the aforementioned Law No 2004-575 of 21 June 2004 shall be replaced by two paragraphs worded as follows:

‘– if the notifier is a natural person: their surname, first name(s) and email address; if the notifier is a legal person: its corporate form, its corporate name and its email address; if the notifier is an administrative authority: its name and email address.

These conditions shall be deemed met if the notifier is a registered user of the online public communication service referred to in the same point 2, who is connected at the time of notification, and if the operator has collected the necessary information to identify them;

– the category in which the disputed content belongs, a description of the content, the reasons for which it must be removed, made inaccessible or dereferenced and, where applicable, the email address(es) to which this content is made accessible;’.

Article 1ter B (new)

After Article 6-2(II) of the aforementioned Law No 2004-575 of 21 June 2004, as worded as a result of Article 1bis of this Law, a point IIbis is inserted, worded as follows:

‘II bis. – When an association that has been declared for at least five years prior to the date of the facts and whose statutory purpose includes the protection of children in the context of their use of online platforms, having been seized of the facts by a minor, notifies content that manifestly constitutes one of the offences mentioned in paragraph 1 of point I of this Article, the operators mentioned in the same paragraph 1 shall acknowledge receipt of the association’s notification without delay and inform it of the follow-up given to the notification and the reasons for their decision under the conditions provided for in Article 6-3(2). The association shall inform the minor and their legal representatives of the notification.

The association shall, where appropriate, challenge any failure to remove or dereference the content, without prejudice to the right of the minor’s legal representatives to act. It shall inform the minor and their legal representatives of the follow-up given to their request. It shall ensure that the data transmitted by the minor, which is necessary for the action to remove or dereference the content mentioned in paragraph 1 of this point IIbis, are preserved.’

Article 1ter (new)

Article 6-2 of the aforementioned Law No 2004-575 of 21 June 2004, as worded as a result of Articles 1, 1bis and 1ter B of this law, is supplemented by a point III as follows:

‘III. – Any party presenting content or activity to the parties mentioned in paragraph 1 of point I of this article as being illegal, within the meaning of the same point I, to have it removed or to halt its dissemination, despite being aware that this information is incorrect, shall incur one year's imprisonment and a fine of EUR 15 000.’

Chapter II

Duty of cooperation for platform operators in combating hate content online

(New division and title)
I. - [Provisions declared non-compliant with the Constitution by Decision No 2020-801 DC of 18 June 2020 of the Constitutional Council.]

II. - [Provisions declared non-compliant with the Constitution by Decision No 2020-801 DC of 18 June 2020 of the Constitutional Council.]

III. - In paragraph 3 of Article 6(I)(7) of the aforementioned Law No 2004-575 of 21 June 2004, the words: ‘ou identité sexuelle’ are replaced by the words: ‘sexuelle, de leur identité de genre’, resulting in the English meaning: ‘...hate towards persons on account of their sex, sexual orientation or identity, or their disability...’.

Article 2

I. – (Deleted)

II. After Article 6-1 of the aforementioned Law No 2004-575 of 21 June 2004, an Article 6-3 is inserted, worded as follows:

‘Article 6-3. – The operators mentioned in paragraph 1 of Article 6-2(I) are obliged to meet the following obligations to combat the online dissemination of content mentioned in the same paragraph 1:

1. (new) they shall comply with the recommendations made by the Higher Audiovisual Council for correct application of the obligation mentioned in said paragraph 1 and the obligations mentioned in points 2 to 11 of this article;

2. they shall acknowledge receipt of any notification without delay. They shall inform the notifier and, if the necessary contact details are available, the user at the origin of publication of the notified content, of the date and time of the notification, the follow-up given to the notification and the reasons for their decisions, within 24 hours if they are removing the content, making it inaccessible or ceasing to reference it or, by default, within seven days of receipt of the notification. They shall also remind the user at the origin of the publication that civil and criminal penalties will be incurred for the publication of manifestly illegal content;

3. they shall implement a directly accessible and uniform notification system for users located on French territory that enables any person to notify illegal content (in the user’s language) and informing the notifier(s) of the risks that they incur in the case of improper notification;

4. they shall implement proportionate procedures, human resources and, where appropriate, technological resources to ensure timely processing of notifications received, appropriate examination of the notified contents to prevent the risk of wrongful removal, and compliance with the requirement mentioned in paragraph 1 of Article 6-2(I);

5. (new) they shall implement a mechanism whereby:

a) the user at the origin of publication of the notified content that has been removed, made inaccessible or dereferenced, may challenge this decision, should it be taken;

b) the notifying party may challenge any decision not to remove, make inaccessible or cease referencing the notified content;

5. bis (new) They shall implement the appropriate resources to prevent the redistribution of content mentioned in paragraph 1 of Article 6-2(I);’.

III. – (Deleted)
I. - The second to the penultimate subparagraphs of Article 6(I)(5) of the aforementioned Law No 2004-575 of 21 June 2004 are replaced by three subparagraphs worded as follows:

‘- if the notifier is a natural person: their surname, other name(s), first name and email address; if the notifier is a legal person: its corporate form, its corporate name and its email address; if the notifier is an administrative authority: its name and email address. These conditions shall be deemed met if the notifier is a registered user of the online public communication service referred to in the same point 2, who is connected at the time of notification, and if the operator has collected the necessary information to identify them;

a description of the disputed content, its precise location and, where applicable, the email address(es) to which this content is made accessible; these conditions shall be deemed met as soon as the online public communication service mentioned in said point 2 makes it possible to proceed precisely to this notification by means of a technical mechanism accessible directly from the disputed content;

the legal reasons why the disputed content should be removed or made inaccessible; this condition shall be deemed met as soon as the online public communication service mentioned in the same point 2 makes it possible to proceed to the notification by means of a technical mechanism inviting indication of the category of offence in which this disputed content belongs;’.

II. - The last subparagraph of Article 6(I)(5) of the aforementioned Law No 2004-575 of 21 June 2004 is supplemented by the words: ‘; this condition is not required for notification of the offences mentioned in the third subparagraph of point 7 of this section I, as well as in Article 24bis and in the third and fourth subparagraphs of Article 33 of the Law of 29 July 1881 on the freedom of the press’.

Article 3

Article 6-3 of the aforementioned Law No 2004-575 of 21 June 2004, as worded as a result of Article 2 of this Law, is supplemented by points 6 to 11, worded as follows:

‘6. They shall provide clear and detailed public information that is easily accessible and visible, to inform their users:

a) regarding the internal and judicial appeal mechanisms (and the deadlines thereof) available to the victims of content mentioned in paragraph 1 of Article 6-2(I) and regarding the parties that are able to guide these victims through these processes. They shall inform notifiers of the risks that they incur in the event of improper notification. They shall also inform users at the origin of published content that has been removed, made inaccessible or dereferenced, regarding the internal and judicial channels available to them;

b) (new) regarding the penalties, including judicial sanctions, that their users will incur should they publish the content mentioned in the same Article 6-2;

c) (new) regarding the general procedures associated with the mechanism that they have implemented for moderation of this content;

7. (new) they shall report on the human and technological resources that they have implemented and the procedures they have adopted to meet the obligations mentioned in paragraph 1 of Article 6-2(I) and in this Article, as well as on the actions and resources that they have implemented and the results obtained in combating and preventing the content mentioned in paragraph 1 of Article 6-2(I). The Higher Audiovisual Council shall specify, by deliberation and respecting business confidentiality, which information is made public under this point 7, and the procedures for, and frequency of, this reporting;

8. (new) they shall be required, when registering a minor under the age of 15 for one of their services and, where their service offer involves the processing of personal data, to provide the minor and their parent(s) or guardian(s) with information regarding civic and responsible use of the service and the legal risks incurred in the event of dissemination by the minor of hate content, when obtaining the consent mentioned

in paragraph 2 of Article 45 of Law No 78-17 of 6 January 1978 relating to data processing, files and freedoms;

9. (new) they shall promptly inform the competent public authorities of any activities undertaken by users of their services that might contravene the provisions mentioned in paragraph 1 of Article 6-2(I) and of which they have been notified;

10. (new) they shall designate a legal representative, a natural person located on French territory, to act as a contact person for the purposes of applying Article 6-2 and this article. This legal representative shall be responsible for receiving requests from the judicial authority, pursuant to Article 6 of this law and requests from the Higher Audiovisual Council, pursuant to Article 17-3 of Law No 86 -1067 of 30 September 1986 on freedom of communication;

11. (new) they shall formulate in precise, easily understandable, objective and non-discriminatory terms the general conditions of use of the service that they provide to the public when these relate to the content mentioned in paragraph 1 of Article 6-2(I).’

Article 3 bis (new)

In paragraph 1 of Article 6(IV)(1) of the aforementioned Law No 2004-575 of 21 June 2004, the amount: ‘EUR 75 000’ is replaced by the amount: ‘EUR 250 000’.

Chapter III

Role of the Higher Audiovisual Council in combating hate content online

(New division and title)