Can we regulate social networks ? How to combat hate on the internet ? The law Avia, adopted in may by the parliament was supposed to answer these questions. But it has to be retoquée by the constitutional Council.
Certainly the Wise have not rejected the text carried by the member LREM Laetitia Avia, but they have literally emptied of its substance by censoring its disposal lighthouse : the obligation of removing content flagged as hate speech by the platforms and the search engines. And this in 24 hours, under penalty of a fine of € 1.25 million.
The time limit, valid for incitement to hatred, violence, racist insults or religious, was reduced to an hour for child pornography or terrorist.
Freedom of expression
For the constitutional Council this measure was of a nature to ” encourage the operators to remove the contents that are reported, whether or not they are manifestly unlawful “. It is, after all, especially on networks, click on a button to report content, for a reason X or Y.
The Sages, therefore, have pointed to the risk of questioning of the freedom of expression and explain in their decision, referring to the time the Declaration of the rights of Man and of the citizen, and the Constitution :
Regarding the removal of child pornography or of terrorist nature, the Commission considers that the one-hour period is insufficient for the justice to decide. In sum, this is not Facebook, Twitter or Instagram to be put in the position of a judge.
“The censorship will not be entrusted to the GAFAM,” enthused the Republican Bruno Retailleau, one of the senators at the origin of the referral to the constitutional.
On his side, Laetitia Avia has also reacted on Twitter :
But this will not be a priori not anytime soon. Marc Fesneau, minister of Relations with Parliament, confirmed that a new law is currently not considered. While stating that the topics brought by this law Avia remain on the table.