The constitutional Council has censured Thursday, the heart of the law on the fight against hate speech online, concluding that some of the new obligations on operators of Internet platform were detrimental to the freedom of expression and communication.
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The Board considered that some provisions could ” encourage the operators of the online platform to remove the contents that are reported, whether or not they are patently unlawful “, and noted the “particularly short” the 24 hour time limit imposed on some operators, “under penalty of criminal sanction “, to ” remove or make inaccessible manifestly unlawful content because of their character that is hateful or sexual.
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It was thus considered that ” the legislator has carried to freedom of expression and communication to an infringement that is not appropriate, necessary and proportionate to the aim pursued “.
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