FR Frankreich

Operators of online platforms

Decree on information requirements applicable to online platform operators ensuring the promotion of information content related to a debate of public interest

Law No 2018-1202 of 22 December 2018 on combating manipulation of information aims to combat the spread of fake news, particularly during election campaigns, via audiovisual media and internet.

In order to make internet users aware of the origin of information to which they are exposed and to facilitate understanding and critical distance, the law reinforces – only during election campaigns – the requirement for online platforms to be more transparent vis-à-vis the content of information promoted in exchange for payment (‘sponsored content’).

The law requires platforms to inform the public of the identity of the advertiser, those inspecting the advertiser or on whose behalf the advertiser is acting, the personal data used in this context, as well as the amounts (exceeding a limit to be defined by decree) spent on promoting this content. Since only information content related to a debate of public interest is concerned, content aimed at promoting goods or services, such as those published on e-commerce platforms, is not subject to this more stringent transparency requirement.

This Decree lays down the number of connections on French territory that trigger the aforementioned transparency requirements, sets the amount from which the payments received in return for the promotion of information content must be made public and specifies the procedures for presenting the information to be made known to users