The Senate dominated by the right-wing opposition voted on Tuesday July 12 at first reading, with some adjustments, a LREM bill to adapt a European regulation, the main provision of which will make it possible to compel publishers and web hosts to remove terrorist content within the hour.
First text of the extraordinary session examined by the senators, it had been adopted in first reading by the National Assembly in February, during the previous legislature.
It partly takes up one of the key provisions of the Avia law which had been widely challenged by the Constitutional Council in July 2020. It "
will strengthen our arsenal
" in the fight against terrorism, according to the Minister responsible for Communities Caroline Cayeux .
Cross-border restraining orders
It aims to adapt French legislation to the provisions of the European regulation of April 29, 2021 against the dissemination of terrorist content online, which has been in force since June 7 throughout the European Union.
At this stage, only nine Member States have implemented this regulation in their national law, according to rapporteur André Reichardt (LR).
It imposes the removal of “
terrorist content
” online within the hour from all hosting service providers and introduces the possibility for national authorities to issue cross-border removal orders.
The refusal to comply with the withdrawal of this content is punishable by one year's imprisonment and a fine of 250,000 euros and can, in extreme cases, go up to 4% of the turnover of the digital platform.
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The bill also provides for a qualified personality from Arcom (Audiovisual and Digital Communication Regulatory Authority) to examine a request for the removal of content from another Member State of the European Union. .
Voted very widely
The senators adopted the text with a dozen amendments providing clarifications or additions.
In particular, they "
wished to strengthen consistency
" between the new provisions and the office which manages the Pharos online reporting platform by instituting "
supervision
" of the latter by the qualified personality of Arcom, indicated François-Noël Buffet , President LR of the Law Commission.
They also, against the advice of the government, provided for an appeal procedure before the Council of State.
Read alsoEuropean Union: towards an immediate withdrawal of “terrorist” messages on the internet
The proposed law thus amended was voted very broadly, but the majority communist CRCE group voted against and the environmental group abstained, expressing their concern about possible attacks on freedom of expression.
Deputies - newly elected - and senators will now try to agree on a common version in a joint joint committee, the last word going to the National Assembly in the event of failure.