The Constitutional Council recently rejected the online offense provision in the Secure and Regulate the Digital Space (SREN) bill, citing that it was unnecessary and disproportionate. This provision, included in Article 19 of the bill, aimed to punish individuals who spread online content that is deemed insulting, degrading, or humiliating, potentially resulting in a fine and imprisonment. The council decided that these actions were already covered under existing French law and that the provision infringed on freedom of expression and communication by relying on subjective perceptions of victims.
In addition to overturning the online offense provision, the Constitutional Council also struck down several other articles of the SREN bill. These articles, including the creation of a digital identity for French citizens, setting up a centralized service for accessing all national and local public services, experimenting with online communication dispute mediation, and amending the code of public administration relations, were deemed as “legislative riders” with no connection to the original text and were therefore deemed unconstitutional.
Despite these rejections, a significant portion of the SREN bill was upheld, particularly concerning the protection of minors online. The bill includes measures such as administrative blocking of pornographic websites that do not verify users’ ages to prevent minors from accessing their platforms. Previously, judicial intervention was required to block offending sites, but now the Authority for Audiovisual and Digital Communication Regulation (Arcom) can order internet service providers to block access themselves after repeated warnings. The bill also introduces penalties for web hosts who fail to remove child pornography content within 24 hours.
The SREN bill also includes provisions for temporary social media bans as a punishment for online offenses, as well as an anti-scam filter to protect users from fraudulent activities. Despite the rejection of certain measures by the Constitutional Council, the overall goal of the bill to regulate and secure the digital space remains intact. Lawmakers will need to review and amend the bill in accordance with the council’s rulings before it can be enacted. The decision of the Constitutional Council underscores the importance of balancing freedom of expression with protecting individuals online, particularly vulnerable populations such as minors.
