Removal within the hour of terrorist content on the web: the law considers it to be in accordance with the Constitution

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The refusal to comply with the removal of this content is sanctioned with a year in prison and a fine of 250,000 euros and can reach, in extreme cases, up to 4% of the turnover of the digital platform.

The Constitutional Council gave the green light on Saturday to the LREM bill, adopted at the end of July and which plans to force publishers and web servers to remove so-called terrorist content within an hour.

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The Magi were seized by deputies from La France insumise on this text that adapts a European regulation and partially takes up one of the emblematic provisions of the Avia law, widely contested by the Constitutional Council in July 2020.

The law imposes the removal of “terrorist content” online within one hour on all hosting service providers and introduces the possibility for national authorities to issue cross-border removal orders.

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The refusal to comply with the removal of this content is sanctioned with a year in prison and a fine of 250,000 euros and can reach, in extreme cases, up to 4% of the turnover of the digital platform.

“Abuse of freedom of expression”

In their appeal, the Insoumis considered that the text contained “a manifest attack on the freedom of expression and communication guaranteed by article 11 of the Declaration of the Rights of Man and of the Citizen of 1789.”

In its decision, the Constitutional Council considers that “the contested provisions do not violate freedom of expression and communication” and “consequently, it judges them constitutional.”

The withdrawal order must also “include not only the reference to the type of content in question, but also a sufficiently detailed motivation”, greet the Magi.

It is the Central Office for the Fight against Crimes Related to Information and Communication Technologies (OCLCTIC), a service of the judicial police, which has been designated to issue the precautionary measures of withdrawal.

Likewise, an authorized personality of Arcom (Audiovisual and Digital Communications Regulatory Authority) can recommend the cancellation of a precautionary measure of withdrawal if he considers it unfounded, or even go urgently to administrative justice.

Finally, the possibility that web hosts and publishers, challenging a removal injunction, obtain a decision from the administrative justice within 72 hours and within a month in case of appeal, constitutes, in the eyes of the Sages, “soon”. “.

Author: LT with AFP
Source: BFM TV

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