Is the government preparing a secret return to the terms of the Avia Act? Last December, the European Commission presented a legislative package to regulate the technology giants. The law on digital services is intended to hold large platforms accountable, especially with regard to the moderation of content.
Without waiting for this text to be adopted, the French government seems determined to act now within the framework of a chapter of the “Law Against Separatism” dedicated to the fight against online hatred. While the Avia bill has been largely censored by the Constitutional Council for “incompatibility with freedom of expression”, this bill is sure to spark another heated debate. Back in the main lines of this device.
Loyalty measures for web giants
The text is aimed at social networks and search engines based in France and abroad. As stated by our colleagues FigaroOnly platforms that reach a certain audience level will be affected and this will be determined later by decree. This definition is important because the designated locations have to adhere to a number of rather restrictive rules.
Therefore, social networks in particular have to explain clearly and precisely how their moderation services work (is it managed by an AI or by humans? And in what proportion?). A simplification of reporting on content is also planned. As soon as the notification is received, an acknowledgment of receipt is provided and the user is informed of the measures taken or not taken in relation to his request.
For those with moderate content, precise and detailed information about the decision must also be given and the internet user can appeal it. The law also provides penalties commensurate with the gravity of the perpetrator’s actions. The blocking of an account applies in accordance with the provisions of the change. ” an attack on freedom of expression Finally, the project aims to improve relations between platforms and the judiciary. You have to appoint a person based in France who is the only point of contact for the authorities.
Very firm penalties in the event of an error
As mentioned, the publications to which the amendment relates are very broad BFM. These include the defense of crimes, war crimes, crimes against humanity, and slavery. The same applies to inciting hatred against people based on their origin, religion, sexual orientation or disability. Finally, content of a sexual nature such as child pornography, pimping and sexual harassment is also targeted.
The Superior Audiovisual Council (CSA) will be responsible for enforcing the law. Therefore, the platforms must regularly submit a report on their activities, which is published. Better transparency of the moderation algorithms is also necessary to give the CSA the opportunity to evaluate their results. The regulator also knows the number of human moderators assigned to this task and can hire new staff if necessary.
In the event of non-compliance with these obligations, the platforms risk a fine of up to 1% of their worldwide annual turnover. For repeated misconduct, the fine should reach 20 million euros or 6% of their worldwide sales.