Facebook, Twitter: Requiring removal of hateful content within 24 hours is unconstitutional

Writing a law is not easy. It must comply with the fundamental rights and laws already in force. It needs the approval of the Council of State (whose role is to support parliamentarians in developing these laws) and also of the social or common partners (in order not to risk controversy). It needs to be approved by the parliamentary chambers, the National Assembly and the Senate.

Finally, the law must be reviewed by the Constitutional Council, which will decide whether it is unconstitutional. The 1958 ConstitutionThe establishment of the French Fifth Republic. The “Council of Elders” made headlines a month ago when it declared that some of the powers granted to Hadopi were unconstitutional. This particularly concerns the possibility for the authorities to revoke the identity of an Internet user without going to a judge. It will no longer be able to do that.

An unconstitutional sanction

The Constitutional Council took another decision on the internet this week. It is about a proposed law aimed at combating hateful content on the internet: ” Aviation Law » It is named after the MP who wore it, Laetitia Avia. The project stipulates that online platforms (such as Facebook, Twitter or Instagram) must remove terrorist and child pornography content within one hour, and hateful content within 24 hours. The Council of Elders believes so The penalty for failure to withdraw is unconstitutional.

The government explained in a press release that this censorship imposed on the Constitutional Council also led to other provisions related to the Constitution. regulation of social networks and search engines. Therefore, the proposed law will need to be rewritten with other deterrent tools to motivate platforms to cooperate in the fight against all forms of discrimination on the internet. This text, if enacted, ” Digital Services Act » Developed by Europe to regulate digital platforms.