Online platform operators whose activity is based on the sharing of content uploaded by third parties (in particular social networks, video sharing platforms and search engines)
Decree implementing Article 42 of Law No 2021-1011 of 24 August 2021 reinforcing compliance with the principles of the Republic, setting the thresholds for applying the system to platforms
Article 42 of Law No 2021-1011 of 24 August 2021 reinforcing compliance with the principles of the Republic amends, inter alia, Law No 2004-575 of 21 June 2004 on trust in the digital economy in order to require certain operators of online platforms for sharing and referencing content to fight more effectively against illicit hate content.
This draft decree sets an initial audience threshold beyond which online platform operators will be subject to a first set of enhanced capacity obligations (cooperation with law enforcement authorities, setting up mechanisms for notification, handling of such notifications and internal remedies, and transparency regarding moderation measures). Platforms which exceed a second audience threshold, higher than the first, will be subject to additional obligations related to the control of systemic risks associated with the operation and use of their services. The supervision of compliance with these obligations will be entrusted to the High Council for
Audiovisual Media (Conseil Supérieur de l’audiovisuel), which may, in particular, impose financial penalties on platforms.