Internet censorship in France
There is medium internet censorship in France, including limited filtering of
Overview
France continues to promote freedom of the press and speech online by allowing unfiltered access to most content, apart from limited filtering of child pornography and web sites that promote terrorism, or racial violence and hatred. The French government has undertaken numerous measures to protect the rights of Internet users, including the passage of the Loi pour la Confiance dans l’Économie Numérique (LCEN, Law for Trust in the Digital Economy) in 2004. However, the passage of a new copyright law threatening to ban users from the Internet upon their third violation has drawn much criticism from privacy advocates as well as the European Union (EU) parliament.[4]
In November 2010, France was classified by the OpenNet Initiative as showing no evidence of Internet filtering in any of the four areas monitored (political, social, conflict/security, and Internet tools)[4]
However, with the implementation of the "three-strikes" legislation and a law providing for the administrative filtering of the web and the defense of a "civilized" Internet, 2010 was a difficult year for Internet freedom in France. The offices of several online media firms and their journalists were targeted for break-ins and court summons and pressured to identify their sources. As a result, France has been added to Reporters Without Borders list of "Countries Under Surveillance".[5]
As of 2013, controversial clauses within the HADOPI, LOPPSI 2, and LCEN laws were provoking the ire of Internet advocates in the country, mainly over fears of disproportionate punishments for copyright violators, overreaching administrative censorship, and threats to privacy. However, Freedom House ranks France amongst the top 12 countries for Internet freedom.
LICRA vs. Yahoo
In 2000, French courts demanded
Hadopi laws
The
In 2010, French parliament opposed all the amendments seeking to minimise the use of filtering Internet sites. This move has stirred controversy throughout French society, as the Internet filtering intended to catch child pornographers could also be extended to censor other material.[10]
Critics also warn that filtering URLs will have no effect, as distributors of child pornography and other materials are already using encrypted peer-to-peer systems to deliver their wares.[11]
In 2011 the
On 21 April 2011, the
June 2011: Draft executive order implementing the Law for Trust in the Digital Economy
A June 2011 draft executive order implementing Article 18[18] of the Law for Trust in the Digital Economy (LCEN) would give several French government ministries[19] the power to restrict online content "in case of violation, or where there is a serious risk of violation, of the maintenance of public order, the protection of minors, the protection of public health, the preservation of interests of the national defense, or the protection of physical persons."[20] According to Félix Tréguer, a Policy and Legal Analyst for the digital rights advocacy group La Quadrature du Net, this is "a censorship power over the Internet that is probably unrivaled in the democratic world."[21] In response to criticism, on 23 June 2011 the minister for the Industry and the Digital economy, Éric Besson, announced that the Government would rewrite the order, possibly calling for a judge to review the legality of the content and the proportionality of the measures to be taken. Any executive order has to be approved by the French Council of State, which will have to decide whether Internet censorship authorization can be extended to such an extent by a mere executive order. In 2013, the Parliament eventually repealed the legislative provision on which the decree was based.[22]
October 2011: Cop-watching site blocked
On 14 October 2011 a French court ordered French Internet service providers to block the Copwatch Nord Paris I-D-F website.[23] The website shows pictures and videos of police officers arresting suspects, taunting protesters and allegedly committing acts of violence against members of ethnic minorities. The police said they were particularly concerned about portions of the site showing identifiable photos of police officers, along with personal data, that could lead to violence against the local authorities. However, free speech advocates reacted with alarm. "This court order illustrates an obvious will by the French government to control and censor citizens’ new online public sphere," said Jérémie Zimmermann, spokesman for La Quadrature du Net, a Paris-based organization that campaigns against restrictions on the Internet.[24]
Twitter case
Following the posting of an
Pierre-sur-Haute article deletion
The French Intelligence Agency
Blocking of sixteen streaming websites in November 2013
On 28 November 2013, the civil court of first instance of Paris ordered French internet service providers to block 16 video streaming websites for copyright infringement: dpstream.tv, fifostream.tv, allostreaming.com, alloshowtv.com, allomovies.com, alloshare.com, allomegavideo.com, alloseven.com, allourls.com, fifostream.com, fifostream.net, fifostream.org, fifostreaming.com, fifostreaming.net, fifostreaming.org and fifostreaming.tv[30]
Blocking of ten websites in March 2015
On March 16, the interior ministry announced that French ISPs would have to censor the five pro-jihadist websites alhayatmedia.wordpress.com, jihadmin.com, mujahida89.wordpress.com, is0lamanation.blogspot.fr and islamic-news.info in addition to five pedophile websites in the next 24 hours.[31]
Blocking of Sci-Hub and LibGen on 7 March 2019
According to the Tribunal de Grande Instance (TGI) in Paris, the publishers have given enough evidence that the Sci-Hub and LibGen platforms are wholly or partially committed to the piracy of their articles.[32][circular reference]
2020 hate speech legislation
On 13 May 2020, the National Assembly passed "Lutte contre la haine sur internet" ("Fighting hate on the internet") by a margin of 355 votes in favor, 150 against, and 47 abstaining.
The regulation raised consider about the potential for misuse to censor valid criticism and commentary of topics that are related to those deemed illegal, and thus used as a politic tool.[35][36] La Quadrature du Net stated that previous laws allowing French police to ask for the removal of terrorist content had already been abused to censor political content, even prior to the new regulation.[34]
See also
- Censorship in France
- Internet Censorship
References
- ^ "Freedom on the Net 2013 - France", Jean-Loup Richet, Freedom House, October 2013
- ^ "Manipulating social media to undermine democracy". Freedom House. 2017. Archived from the original on 2017-11-17. Retrieved 2018-06-28.
- ^ "Privatizing censorship, eroding privacy" (PDF). Freedom House. 2015. Retrieved 2018-06-28.
- ^ a b "ONI Country Profile: France", OpenNet Initiative, 26 November 2010
- ^ "Countries under surveillance: France" Archived 2016-03-04 at the Wayback Machine, Reporters Without Borders, March 2011
- ^ "Yahoo! loses Nazi auction case", CNN.com, 20 November 2000
- ^ "Judge Dismisses French Case Against Yahoo" Archived 2011-06-26 at the Wayback Machine, Stephen Lawson, IDG News, PCWorld, 9 November 2001
- ^ "9th Circuit En Banc Panel Rules Against Yahoo in French Internet Censorship Case", Tech Law Journal, 12 January 2006
- ^ "Supreme Court won't hear Yahoo! Nazi auctions case", Out-Law.com from the international law firm Pinsent Masons, 31 May 2006
- ^ "French Parliament approves Net censorship". La Quadrature du Net. 11 February 2010. Retrieved 16 February 2010.
- ^ "France to vote on Internet censorship". Computerworld UK. Retrieved 12 February 2010.
- ^ "French Constitutional Council Validates Internet Censorship" Archived 2011-04-14 at the Wayback Machine, 10 March 2011, La Quadrature du Net, Paris
- ^ "Le filtrage administratif des sites pédophiles autorisé (The administrative filtering of the sites paedophiles authorized)", Emmanuel Berretta, Le Point.fr, 3 March 2011
- ^ "Loppsi 2 : les "sages" valident le blocage des sites pédo-pornographiques (Loppsi 2: "sages" validate the blocking of the child pornography sites)", LeMonde.fr, 11 March 2011
- ^ "Hadopi : la sécurisation pourrait pénétrer la box (Hadopi: the security could penetrate the box)", GNT Media, 21 April 2011
- ^ "Filtrage dans les box ADSL et atteinte à la vie privée au programme de l'Hadopi (Filtering in the boxes ADSL and invasion of privacy with the program of l'Hadopi)", Guillaume Champeau, Numerama Magazine, 20 April 2011
- ^ "Moyens de sécurisation : la Hadopi lance une nouvelle consultation (Means of security: Hadopi launches a new consultation)", Christophe Auffray, ZDNet France, 20 April 2011
- ^ (in French) "Article 18, Loi n°2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique, modifié par Loi n°2007-297 du 5 mars 2007", version consolidée au 19 mai 2011 ("Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, amended by Act No. 2007-297 of March 5, 2007", consolidated version 19 May 2011)
- ^ The Ministries of Defense, of Justice, of the Interior, of the Economy, of Communication, of Health, of the Digital Economy, and the National Authority for the Defense of Information Systems
- ^ "French Government Plans to Extend Internet Censorship", Simon Columbus, OpenNet Initiative, 21 June 2011
- ^ "France on its way to total Internet censorship?", Félix Tréguer, Index on Censorship, 27 June 2011
- ^ (in French)Le filtrage administratif du web supprimé par l'Assemblée (in French), 28 June 2013, Numerama.
- ^ (in French) Copwatch Nord-Paris I-D-F, website, accessed 17 October 2011
- ^ "Court Orders French Cop-Watching Site Blocked", Eric Pfanner, Herald-Tribune, 16 October 2011
- ^ Pfanner, Eric; Somini Sengupta (24 January 2013). "In a French Case, a Battle to Unmask Twitter Users". New York Times. Retrieved 26 January 2013.
- UPI. 25 January 2013. Retrieved 26 January 2013.
- ^ Marchive, Valéry. "Twitter ordered to give up details of racist tweeters". ZDNet. Retrieved 26 January 2013.
- ^ "French secret service accused of censorship over Wikipedia page", Kim Willsher, The Guardian, 7 April 2013.
- ^ Geuss, Megan. "Wikipedia editor allegedly forced by French intelligence to delete "classified" entry". Retrieved 6 April 2013.
- ^ French Courts Ordered to Block and Delist 16 Streaming Websites, White & Case
- ^ Cinq sites web projihad bloqués de l’Intérieur, liberation.fr
- ^ Tribunal de Grande Instance ordered the blocking of sci-hub and libgen on 7 March 2019
- ^ "PPL visant à lutter contre les contenus haineux sur internet : adoption en lecture définitive". Assemblée nationale. 13 May 2020. Retrieved 13 May 2020.
- ^ a b "France gives online firms one hour to pull content". BBC News. 14 May 2020. Retrieved 15 May 2020.
- ^ a b Gold, Hadas (13 May 2020). "French parliament passes law requiring social media companies delete certain content within an hour". CNN. Retrieved 13 May 2020.
- ^ "France to force web giants to delete some content within the hour". Reuters. 13 May 2020. Retrieved 13 May 2020.