The November 2015 Paris attacks shocked the France Republic. Shootings and bomb blasts targeting the Bataclan concert hall, Stade de France, and several other locations left 130 people dead and hundreds wounded.[1] Shortly after the horrific terrorist attacks, French authorities faced a pressing content moderation challenge: messages celebrating the attacks, extremist propaganda videos, and future terrorist warnings began to circulate widely on major social media platforms.[2]
The dilemma for the French government was clear. On one hand, extremist messages and videos on social media posed direct threats to French public security, potentially inciting further violence and radicalization. On the other hand, their removal raised concerns about freedom of expression online and fundamental individual liberties.
France struggles to balance the value of freedom of expression and the imperative of public security regarding social media content. Safeguarding the fundamental right of freedom of expression is essential for a thriving democracy like France, but some forms of expression, including terrorist speech, child exploitation imagery, disinformation, and divisive rhetoric, among others can lead to offline harms.
While France generally upholds a robust standard of freedom of expression with minimal censorship in most cases, government regulation of social media content regarding public safety and national security issues exhibits an increasing pressing policy problem for democracies–how to respond to the ongoing challenges posed by social media content related to terrorism, the dissemination of child exploitation imagery, and the proliferation of hate speech. For France, not only is this a French regulatory issue, but one that will require the incorporation of European Union regulation such as the Digital Services Act into the French system.
French Freedom of Expression vs. Censorship
To comprehensively examine the tension between freedom of expression and public security within the context of French social media content moderation and platform liability policies, it is imperative to first comprehend the landscape of French social media. The French social media landscape encompasses a relatively high level of freedom of expression but some censorship. As a strong democracy, France has developed a generally safe and open internet environment for media and online content. With a high level of freedom of expression and a low level of internet censorship, the social media landscape in France is “mostly free” according to Freedom House, although some concerns and threats do exist.[3]
Freedom of expression is a key factor shaping the social media landscape, as countries with a higher degree of freedom of expression tend to have less stringent social media regulations. According to the Global State of Democracy Indices (GSDI), an initiative of the International Institute for Democracy and Electoral Assistance (IDEA), which depicts democratic trends at the country, regional, and global level, France is rated 0.84 out of 1 for freedom of expression.[4] This means that French citizens enjoy a relatively high level of freedom of expression and are subject to relatively fewer social media regulations. However, the score also indicates that in some areas, freedom of expression on social media is restricted.
Based on the GSDI score, it can be inferred that the French government exercises censorship in specific domains. According to Comparitech’s Global Map of Internet Restrictions, France earned a score of 2 out of 11 in the level of internet censorship.[5] Comparitech’s report rates a country’s level of internet censorship based on torrents, erotica, news media, social media, VPNs, and messaging/VoIP apps.[6] The score ranges from 1 “low censorship” to 11 “intense censorship.” A score of 2 denotes that the French government has established a predominantly open digital milieu, but certain constraints are in place to mitigate the dissemination of harmful and malevolent content threatening the welfare of French society.
French Social Media Use
Within the context of the vast online populace and the widely use of social media, the tension between facilitating open discourse and managing the potential risks posed by harmful and malicious content becomes a pivotal concern. The sheer scale of the digital landscape intensifies the tension between the unrestrained articulation of ideas and the imperative to maintain public security.
French social media content is directly related to the population’s social media use, as the majority of French population have access to the internet. The World Bank reports that 85% of the French population uses the internet.[7] While the number indicates that most French citizens are able to access the internet, it is important to note that 85% is a relatively low number compared with other high resource countries: for instance, 95% of the population utilizes the internet in the United Kingdom, whereas in the United States, the figure stands at 91%, and in Germany, it reaches 90%.[8] Despite this relatively low number, social media have been a significant component of the French market throughout the COVID-19 pandemic.[9]
In 2021, the most used social media platform in France was YouTube. With 49.6 million users, YouTube was used by 79.6% of French internet users.[10] Facebook, the once indisputable leader of social media in France, ranked second on the list in 2021. With 33 million users, Facebook was used by 73.9% of French internet users.[11] As of 2021, YouTube, Facebook, Instagram, WhatsApp, and Snapchat constituted the top five most-used social media platforms in France.[12] The vast expanse of the digital sphere amplifies the conflict between preserving freedom of expression and maintaining public security.
French Politics
The landscape of social media regulation in France is not solely shaped by freedom of expression, censorship, and social media use. It is also deeply influenced by the broader political dynamics, encompassing the nature of governance and the stability of the state. France has a high level of democracy and a low level of state fragility. France, officially the French Republic, is a multiparty constitutional democracy in which voters directly elect the president of the republic to a five-year term.[13] The current head of government, chief national authority, and national legislative representatives are all elected through free and fair elections.[14] People’s political choices are generally free from political influence or coercion. However, the country has experienced terrorist attacks, misinformation and disinformation, and anti-immigrant sentiments. These factors greatly promote French regulation and restrictions of social media content.
The form of government largely determines the country’s social freedom and in turn its level of content moderation online. Countries with higher democracy scores are more likely to protect citizens’ liberty and rights. France is widely considered a birthplace of modern democracy, and it earns a score of 10 out of 10 in the POLITY score, a democracy index published by the Center for Systemic Peace.[15] The Polity scheme consists of six component measures that record key qualities of executive recruitment, constraints on executive authority, and political competition. It also records changes in the institutionalized qualities of governing authority.[16] The POLITY score is computed by subtracting the AUTOCRACY score from the DEMOCRACY score, and the resulting unified polity scale ranges from +10 “strongly democratic” to -10 “strongly autocratic.”[17] Namely, France is categorized as a nation with a robust democratic system. National authority and national legislative representatives, who determine the policies of the government, are elected through free and fair elections, as France’s electoral laws and framework are fair and implemented impartially.[18] Other than that, people’s political choices are generally free from domination by forces that are external to the political sphere or political forces that employ extra political means.[19]
State fragility is another factor affecting the intensity of social media content moderation and platform liability. Typically, countries tend to implement more regulations targeting their vulnerabilities, if any. France earned a score of 1 out of 25 in the State Fragility Index and Matrix 2018, an index also published by the Center for Systemic Peace.[20] The State Fragility Index ranges from 0 “no fragility” to 25 “extreme fragility” by combining scores on effectiveness and legitimacy in security, political, economic, and social dimensions.[21] This means that a low level of state fragility does exist in France. According to the index, France shows weakness in political legitimacy, including factionalism, ethnic group political discrimination, political salience of elite ethnicity, and political fragmentation.[22] Specifically, Islamophobia is a major political issue in France. Due to immigration, France has the largest population proportion of Muslims in Western Europe.[23] The French far right, including politicians like Marine Le Pen and Éric Zemmour, is well-known for its discriminatory anti-Muslim stance. Anti-Muslim and anti-immigrant sentiment have remained rife throughout the country.[24] An official investigation in 2017 showed that Arab and Black men were 20 times more likely to have their identity documents checked by the police. According to the National Human Rights Commission, anti-Muslim acts in 2020 rose 52 percent over the previous year.[25] Consequently, hate speech concerning racial animosity exhibit a pronounced propensity to engender threats to public security in France.
Other Factors Shaping France’s Social Media Landscape
In the intricate landscape of French social media, the delicate balance between safeguarding freedom of expression and ensuring public security remains a paramount concern on account of two other factors: the threat of terrorism and the challenges posed by misinformation and disinformation.
Terrorism could strongly influence a country’s regulation of social media content. In countries with higher vulnerability to terrorist threats, restrictions of social media content would likely be more intense. France earned 4.562 out of 10 in the 2021 Global Terrorism Index (GTI) published by Vision of Humanity, ranked 35th in the world. The index is a composite measure made up of four indicators: incidents, fatalities, injuries, and property damage.[26] The GTI scores each country on a scale from 0 to 10; where 0 represents no impact from terrorism and 10 represents the highest measurable impact of terrorism. France has long struggled with terrorism. France is a primary target of Al-Jamaat Nusrat Al-Islam wal Muslimeen (JNIM), the official branch of Al-Qaeda in Mali. The militant jihadist organization exploited local grievances with governance, economic and social conditions to commit violence against civilians, local security forces and counter-terrorism operations.[27] Other principal terrorist groups active in France include the Action Directe (AD), a leftist group; the Committee of Solidarity with Arab and Middle Eastern Political Prisoners (CSPPA), which has specialized in bombing Paris stores; the Armenian Secret Army for the Liberation of Armenia (ASALA), which has targeted Turkish personnel and property in France; the Front de la Liberation Nationale de la Corse (FLNC), engaged in a violent struggle for autonomy on the island of Corsica; and the Front de la Liberation de la Bretagne-Armee Republicaine Bretonne (FLB-ARB), a Breton separatist movement.[28] In 2021, a police administrative assistant was killed after being attacked by an assailant armed with a knife in a police station in the Ile-de-France region.
Misinformation and disinformation online also impact social media content moderation. In a 2021 survey, 44% of French encounter fake news on social media once a week or even more.[29] In 2022, the presidential election runoff between Emmanuel Macron and Marine Le Pen provides fertile ground for misinformation and false claims to spread on social media.[30] Both candidates warned against the potential risks of misinformation and disinformation online to the French democracy.
French Content Moderation and Platform Liability Policies
As a strong democracy, France provides its citizens with an open and free social media environment in most cases. Restrictions do exist under particular circumstances: the French government imposes strong internet content regulation on terrorism, child exploitation imagery, and disinformation during political campaigns. In recent years, the French government has also attempted to regulate hate speech and ban the publication of images of on-duty police officers, but attempts in both areas failed as the Constitutional Council ruled such provisions unconstitutional for violating privacy and free expression rights.[31] Overall, content moderation and electronic surveillance has tended to increase since the 2010s–arguably to promote public safety in France.
The tension between freedom of expression and public safety in France can be traced back for centuries, and we can observe this struggle through significant milestones such as the 1789 Declaration of the Rights of Man and of the Citizen and the 1881 Law on the Freedom of the Press. These pivotal documents were introduced to safeguard freedom of expression, yet they also acknowledged the necessity of imposing certain restrictions in particular circumstances.
Freedom of expression was enshrined in the French legal framework for the first time in the Declaration of the Rights of Man and of the Citizen of 1789.[32] Since then in France, freedom of expression has always been perceived as a “liberté matricielle,” upon which other fundamental rights are intricately intertwined and dependent.[33] Furthermore, in the early years of the French Third Republic (1879-1884), laws against freedom of expression and censorship of the press were overturned. The Law on the Freedom of the Press of 29 July 1881 (Loi sur la liberté de la presse du 29 juillet 1881), often referred to as the Press Law of 1881 or the Lisbonne Law, was approved by the then-dominant Moderate Republican party to reassert the significance of freedom of expression.[34] It is worth noticing that while the title of the law emphasizes “the press,” this law applies to public expression in general.[35] And although it has been amended several times since its enactment, it remains in force to the present day.
While both the Declaration and the Press Law protect citizens’ freedom of expression, both of them meanwhile impose limitations on the freedom of expression. The first half of Article 11 of the Declaration clearly states that “the free communication of ideas and of opinions is one of the most precious rights of man”, entitling French citizens to the right to freely express their opinions.[36] Article 11 of the Declaration corresponds to Article 1 of the Press Law that “printing and publication are free,” and the freedom applies to not only the press but also the general public.[37] However, the second half of Article 11 of the Declaration clarifies that freedom of expression is subject to law. In the Press Law of 1881, correspondingly, Article 24 prohibits any discrimination, hatred, or violence against a person or a group of people on the basis of their origin or their membership or non-membership of a specific ethnic group, nation, race, or religion.[38] The penalty for violating this prohibition is up to a year of imprisonment and a fine of up to €45,000 ($48,000), or either one of those, as well as the suspension of some civil rights in some cases.[39] Meanwhile, Articles 32 and 33 prohibit anyone from publicly defaming or insulting a person or group for belonging or not belonging, in fact or in fancy, to an ethnicity, a nation, a race, a religion, a sex, or a sexual orientation, or for having a handicap.[40] The penalty for defamation is up to a year of imprisonment and a fine of up to €45,000 ($48,000), or either one of those punishments. In the most serious cases, the penalty for insults is up to three years of imprisonment and a fine of up to €75,000 ($80,000), or either one of those punishments.[41]
Based on these two seminal laws, it is evident that France possesses a historical inclination towards fortifying the salience of freedom of expression while prohibiting discrimination, defamation, and insults against anyone to promote a peaceful and stable society. The two landmark statutes share a similar pattern with the French landscape of social media content regulation today. While freedom is lawfully guaranteed and protected in most cases, there are also restrictions in particular areas: in the 18th and 19th centuries, it was discrimination, defamation, and insults; in today’s case, it is terrorism, child exploitation imagery, information manipulation, and hate speech.
LAW n° 2014-1353 Strengthening the Provisions Relating to the Fight against Terrorism
In recent decades, terrorist threats in France have been high.[42] The French government has reacted to terrorist threats with laws against terrorism, including several pieces of legislation against terrorist content on social media.
In 2014, President François Hollande promulgated the Law n° 2014-1353 Strengthening the Provisions Relating to the Fight against Terrorism (LOI n° 2014-1353 du 13 novembre 2014 renforçant les dispositions relatives à la lutte contre le terrorisme), also known as the 2014 Anti-Terrorist Law. The law strengthens France’s counterterrorism approach and introduces the penalization of “terrorism apology (apologie du terrorisme)” and incitement, and it applies to content shared online.[43]
Specifically, Article 421-2-5 of the 2014 Anti-Terrorist Law penalizes directly provoking acts of terrorism and publicly advocating acts of terrorism with up to five years in prison and a €75,000 ($90,000) fine.[44] Penalties for online offenses are even harsher than offline offenses. Acts of terrorism committed using an online public communication service are punishable by up to seven years in prison and a €100,000 ($120,000) fine.[45]
The 2014 Anti-Terrorist Law strengthens the French government’s ability to pursue terrorists and prevent extremist ideas from spreading online. With stricter regulation of terrorism-related social media content, France empowers its security services with more mechanisms to keep track of suspected terrorists, surveil them online, and combat extremist ideas at every level of French society.[46] Notwithstanding, these measures of content moderation inevitably limit French citizens’ freedom of expression on social media. In the 2014 Anti-Terrorist Law, the dilemma between upholding unfettered freedom of expression and assuring public security is readily discernible.
Decree No. 2015-125 Relating to the Blocking of Sites Provoking Acts of Terrorism or by Advocating and Sites Disseminating Pornographic Images and Representations of Minors
In addition to the 2014 Anti-Terrorist Law, France promulgated another decree targeting both terrorism and child pornography on the internet. France adopted Decree No. 2015-125 of February 5, 2015 relating to the blocking of sites provoking acts of terrorism or by advocating and sites disseminating pornographic images and representations of minors (Décret n° 2015-125 du 5 février 2015 relatif au blocage des sites provoquant à des actes de terrorisme ou en faisant l’apologie et des sites diffusant des images et représentations de mineurs à caractère pornographique), granting the French government authority to order the blocking of access to websites that allegedly incite or support terrorism or that spread child exploitation imagery.[47]
Under this decree, designated police agents in the Ministry of Interior are authorized to determine whether a website contravenes French criminal laws on terrorism and child exploitation imagery, to request that the editors of the website in question remove the allegedly unlawful content, and to order internet service providers (ISPs) to prevent access to the website in question if the websites editors are not clearly identified on the webpage or refuse to comply with the removal request.[48] The ISPs are given 24 hours to take actions, and they can request reimbursement from the French government for any costs that result.
While Decree No. 2015-125 aims to cope with terrorism that threatens the whole country and child exploitation imagery that immorally abuses the minors, public reactions were mixed. The decree has incited a bitter debate over the fundamental importance of freedom of expression. On the one hand, supporters of the decree, mostly child protection organizations and advocates for counterterrorism measures, applauded the government’s efforts to combat terrorism and protect vulnerable individuals. They viewed the blocking of such websites as a necessary measure to prevent the spread of extremist ideologies and protect children from exploitation. On the other hand, critics including some civil liberties advocates and digital rights organizations expressed concerns about the infringement of freedom of speech and the potential tendency of internet censorship.[49] These opponents of Decree No. 2015-125 believe that freedom of expression should fully apply to the Internet, as it does to all means of communication in a democracy.[50]
The debate brought by Decree No. 2015-125 did not generate clear divisions along political party lines in terms of support or opposition, as it was implemented by the French government, which consisted of a coalition led by various political parties at the time. Nevertheless, support for Decree No. 2015-125 is generally associated with the Socialist Party (Parti socialiste, PS), the Republicans (les Républicains, LR), and the National Rally (Rassemblement National, RN) — these political parties has advocated for measures to ensure public safety and combat terrorism; opposition of Decree No. 2015-125 typically comes from the French Communist Party (Parti communiste français, PCF) and La France Insoumise (FI or LFI) — these parties has prioritized civil liberties and expressed concerns about potential censorship or infringements on individual rights.[51]
LAW n° 2016-731 Strengthening the Fight Against Organized Crime, Terrorism and Their Financing, and Improving the Efficiency and Guarantees of Criminal Procedure
In 2016, France further responded to terrorism by passing a new law targeting the financing of organized crime and terrorism: LAW n° 2016-731 of June 3, 2016 Strengthening the Fight Against Organized Crime, Terrorism and Their Financing, and Improving the Efficiency and Guarantees of Criminal Procedure (LOI n° 2016-731 du 3 juin 2016 renforçant la lutte contre le crime organisé, le terrorisme et leur financement, et améliorant l’efficacité et les garanties de la procédure pénale).
The law specifies the platform liability to reinforce the mechanism for blocking and take down of internet content, as it imposes up to two years in prison or a €30,000 ($36,000) fine on frequently visiting sites that glorify or incite terrorist acts, unless these visits are in “good faith,” such as journalistic or research activities.[52] The law has elicited strong reactions from the public, and the Constitutional Council rejected this law in 2017, arguing that the notion of “good faith” was unclear and that the law was not “necessary, appropriate, and proportionate.”[53] Although the 2016 counterterrorism law was eventually struck down, it does reveal a strong tendency for the government to intervene in the regulation of cyberspace. In the aforementioned three counterterrorism laws that restrict citizens’ freedom of expression on the internet, we observe that dichotomy arises between the fundamental principle of freedom of expression and the imperative of maintaining public security.
LAW n° 2018-1202 Relating to the Fight Against the Manipulation of Information
In addition to terrorism, France also regulates the manipulation of information on social media. In 2018, France adopted LAW n° 2018-1202 of December 22, 2018 relating to the fight against the manipulation of information (LOI n° 2018-1202 du 22 décembre 2018 relative à la lutte contre la manipulation de l’information), also known as the Fake News Law. It is a new law aiming to empower judges to order the immediate removal of “fake news” during election campaigns.[54]
The law establishes for the major content sharing platforms a duty of cooperation in the fight against the manipulation of information by empowering judges to order the immediate removal of fake news during election campaigns.[55] Anyone who violates the law could face one year in prison and a fine of €75,000 ($80,000).[56] The Conseil supérieur de l’audiovisuel (CSA) — the French national broadcasting agency — is empowered to order the authority to suspend television channels controlled by a foreign state or under the influence of that state if they deliberately disseminate false information likely to affect the sincerity of the ballot.[57] It is important to note that the CSA has merged into the Audiovisual and Digital Communications Regulation Authority (l’autorité de régulation de la communication audiovisuelle et numérique, ARCOM) since 2022.
This Fake News Law is considered the first attempt to officially ban false material online in Western Europe. While President Emmanuel Macron believes that the internet has to be regulated, critics argue that the controversial law against the “manipulation of information” could jeopardize democracy and censor the press.[58]
LAW n° 2020-766 Aimed at Combating Hateful Content on the Internet
In order to overhaul the online speech landscape filled with anti-immigration sentiments, hate speech, and terrorist speech French parliament passed the Avia Law (Loi Avia), officially known as LAW n° 2020-766 of June 24, 2020 aimed at combating hateful content on the internet (LOI n° 2020-766 du 24 juin 2020 visant à lutter contre les contenus haineux sur internet). Arguably, the Avia Law has encountered the fiercest opposition against regulation on social media content in recent years.
In the original law promulgated by the parliament on May 13, 2020, major social media platform operators are required to remove content related to certain crimes that provokes discrimination, hatred, or violence and that denies crimes against humanity, aggravated insults, sexual harassment, child pornography content, as well as provocation to terrorism within 24 hours of notification; this period is reduced to one hour of being notified by a special branch of the police for terrorist and child pornography content notified to the platforms by the public authorities.[59] The administrative authority will block access to all sites that reproduce the content of a site previously banned by the judicial authority. Failure of compliance will lead to a pecuniary fine of up to 4% of the platform’s annual worldwide turnover for its failure to perform its obligations.[60] The amount of the fine incurred in the event of disregard by a digital actor of its obligations to cooperate with the judicial authority in the fight against illegal content is from €25,000 ($27,000) to €1,250,000 ($1,350,000).[61] The CSA is tasked to ensure that platforms comply with their duties and enforce penalties.
The Avia bill quickly attracted fierce detractors from across the political spectrum and the general public.[62] The center-right party Les Republicains seized on the legislation as an “attack on the freedom of speech;” far-right torchbearer Marine Le Pen decried the measure as oppressive (“une loi liberticide”); Alexis Corbière, a parliamentarian from the far-left party La France Insoumise, referred to the law using the same derisive moniker; various industry groups, free speech advocates and human rights organizations also expressed similar objections.[63] Legal experts and activists of La Quadrature du Net, a French advocacy group promoting digital rights and Internet freedom, fear this law will grant the government unprecedented power to censor online activities with “a new tool to abuse their power and censor the internet for political ends”.[64] Besides, the legislation was passed ahead of the adoption of the EU’s planned Digital Services Act. The European Commission expresses concern about the potential harm to the single market in digital services and Europe’s economic well-being and highlights the challenge of ensuring equitable online protection for all Europeans.[65]
The court also found this provision to be a breach of the right to freedom of expression and opinion. On June 18, 2020, the court struck down the entirety of six of the bill’s provisions and nixed parts of five others; when adopted on June 24, the law amounted only to modest reforms.[66] Not much was left after the court’s ruling. The two most notable provision still standing, the creation of a national prosecutor’s office to oversee the criminal process for defendants suspected of engaging in hate speech and the creation of a research watchdog (“un observatoire”) that studies online hate and tracks the evolution of the types of content covered in the text of the law, don’t do anything to upend the existing online speech equilibrium.[67]
LAW n° 2021-646 for Global Security Preserving Freedoms
France also attempted to protect the publication of images of on-duty police officers. LAW n° 2021-646 of May 25, 2021 for global security preserving freedoms (LOI n° 2021-646 du 25 mai 2021 pour une sécurité globale préservant les libertés), or the Global Security Bill, was passed to limit the dissemination of images of the police. In the original bill, Article 24 prohibits disseminating, by any means whatsoever and whatever the medium, with the aim of undermining its integrity physical or psychological, the image of the face or any other element of identification of an agent of the national police or the national gendarmerie other than his individual identification number when he acts within the framework of a police operation, and a year in prison and a €45,000 ($53,300) fine will be imposed on the violators.[68]
Activists of rights to freedom of expression and privacy criticized that Article 24 of the Global Security Bill is seriously inimical to a range of fundamental rights and republican values.[69] Moreover, the United Nations (UN) Human Rights Council has raised concerns regarding the content of the bill. According to the UN, the bill carries “significant violations of human rights and fundamental freedoms, in particular the right to privacy, the right to freedom of expression and opinion, and the right freedom of association and peaceful assembly” and places France in contradiction with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention on Human Rights.[70] Article 24 was eventually rejected by the Constitutional Council on May 18, 2021.
Legal Enforcement
Most aforementioned laws do not specify enforcement agencies. However, the Audiovisual and Digital Communications Regulation Authority (l’autorité de régulation de la communication audiovisuelle et numérique, ARCOM) is widely considered the regulatory authority for audiovisual and digital communication. On January 1, 2022, the Conseil supérieur de l’audiovisuel (CSA) and la Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet (Hadopi) merged into a single entity — ARCOM. ARCOM is the guarantor of freedom of communication and oversees the financing of audiovisual creation and the protection of rights. Its regulation extends to online platforms – social media, search engines, and other platforms, and it oversees the means implemented by online platforms to protect the public while guaranteeing freedom of expression.[71]
European Union Regulation
France has been an active member of the EU since January 1, 1958. While France has its own independent legal system, it also applies and implements EU laws and legislation. Given the interconnectedness between France and the EU, understanding the dynamics of how EU directives and policies intersect with and influence those crafted at the national level becomes essential.
In March 2022, France followed the EU Council Regulation 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine to impose restrictive measures against Russian media outlets engaged in propaganda actions. In June 2022, the EU adopted a new package of sanctions, Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine, which included directives to block Rossiya RTR/RTR Planeta, Rossiya 24/Russia 24 and TV Centre International.[72] This internet regulation policy is an immediate response to the Russian invasion of Ukraine in February 2022 to combat Russian war propaganda. The French government rarely blocks web content in a politically motivated manner. However, it did block access to Russian state-owned websites, though all major social media platforms are still accessible.[73] Even if the blockage of Russian websites is not directly associated with social media content moderation and liability, it is an important component of the French internet regulation landscape.
In addition, in 2020, the European Commission proposed a Digital Services Package consisting of two legislative initiatives to upgrade rules governing digital services within the EU: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The DSA and DMA share two primary objectives: ensuring the safety of the digital space, where the fundamental rights of all digital service users are safeguarded, and promoting a fair and competitive environment that stimulates innovation, growth, and competitiveness, both within the European Single Market and on a global scale.[74] The European Parliament adopted the Digital Services Package in July 2022 to form a single set of new rules that will be applicable across the whole EU and create a safer and more open digital space.[75] Both the DSA and the DMA have been published in the official journal in October 2022 and came into force in November 2022, but the DSA will not be directly applicable across the EU until January 2024.[76] When the two acts are fully incorporated into the French legal system, French regulation of social media content will enter a new era of stricter rules to comply with EU regulation.
Conclusions
In an era defined by the relentless flow of digital information and the promise of open discourse, the fundamental principles of freedom of expression and public security have converged into a complex and dynamic battlefield. France, a nation with a profound historical commitment to the principles of liberty, has traditionally upheld a robust standard of freedom of expression with minimal censorship in most cases. However, some expressions on social media, including terrorist speech, child exploitation imagery, disinformation campaigns, and divisive rhetoric on sensitive subjects, constitute threats to the security of the French public. In response to these potential threats, the French government engages in the regulation of social media content moderation.
This tendency is a double-edged sword. On the one hand, stricter content moderation and platform liability policies contribute to social cohesion and public security by eliminating online speech about terrorist activities, fake news during elections, and hatred against immigrants. On the other hand, tighter control of social media content harm citizens’ freedom of expression, a fundamental element of a democracy.
References
[1] BBC News, “Paris Attacks: What Happened on the Night,” BBC News, December 9, 2015, https://www.bbc.com/news/world-europe-34818994.
[2] Robyn Torok, “How Social Media Was Key to Islamic State’s Attacks on Paris,” The Conversation, n.d., https://theconversation.com/how-social-media-was-key-to-islamic-states-attacks-on-paris-50743.
[3] Freedom House, “France,” 2022, https://freedomhouse.org/country/france/freedom-world/2022.
[4] “Home | The Global State of Democracy Indices,” n.d., https://www.idea.int/gsod-indices/world-map-table.
[5] Paul Bischoff, “Internet Censorship 2022: A Global Map of Internet Restrictions,” Comparitech, October 12, 2022, https://www.comparitech.com/blog/vpn-privacy/internet-censorship-map/.
[6] Bischoff, “Internet Censorship 2022: A Global Map of Internet Restrictions.”
[7] “Individuals Using the Internet (% of Population),” World Bank Open Data, n.d., https://data.worldbank.org/indicator/IT.NET.USER.ZS?end=2020&most_recent_value_desc=true.
[8] “Individuals Using the Internet (% of Population),” World Bank Open Data.
[9] Elliot Latil, “Top Social Media Trends in France 2022,” Gaasly, November 30, 2022, https://www.gaasly.com/blog/social-media-trends-france.
[10] Latil, “Top Social Media Trends in France 2022.”
[11] Latil, “Top Social Media Trends in France 2022.”
[12] Latil, “Top Social Media Trends in France 2022.”
[13] BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, “2021 Country Reports on Human Rights Practices: France,” U.S. Department of State, 2021, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/france.
[14] Freedom House, “France.”
[15] “INSCR Data Page,” n.d., https://www.systemicpeace.org/inscrdata.html.
[16] “The Polity Project,” Center for Systemic Peace, n.d., https://www.systemicpeace.org/polityproject.html.
[17] “Glossary | DataBank,” The World Bank, n.d., https://databank.worldbank.org/metadataglossary/africa-development-indicators/series/UPP.COM.POL.XQ.
[18] Freedom House, “France.”
[19] Freedom House, “France.”
[20] “INSCR Data Page.”
[21] “STATE FRAGILITY INDEX AND MATRIX 2018,” Center for Systemic Peace, 2018, http://www.systemicpeace.org/inscr/SFImatrix2018c.pdf.
[22] Center for Systemic Peace, “STATE FRAGILITY INDEX AND MATRIX 2018.”
[23] Adam Taylor, “Map: France’s Growing Muslim Population,” Washington Post, January 9, 2015, https://www.washingtonpost.com/news/worldviews/wp/2015/01/09/map-frances-growing-muslim-population/.
[24] Freedom House, “France.”
[25] Norimitsu Onishi and Aida Alami, “The Quiet Flight of Muslims From France,” The New York Times, April 8, 2022, https://www.nytimes.com/2022/02/13/world/europe/france-election-muslims-islam-macron-zemmour-le-pen-pecresse.html.
[26] “Global Terrorism Index | Countries Most Impacted by Terrorism,” Vision of Humanity, October 21, 2022, https://www.visionofhumanity.org/maps/global-terrorism-index/.
[27] Vision Of Humanity, “Global Terrorism Index | Countries Most Impacted by Terrorism,” October 21, 2022, https://www.visionofhumanity.org/maps/global-terrorism-index/.
[28] “Terrorism in France (From The Threat of Terrorism, P 213-228, 1988, Juliet Lodge, Ed. — See NCJ-120913) | Office of Justice Programs,” n.d., https://www.ojp.gov/ncjrs/virtual-library/abstracts/terrorism-france-threat-terrorism-p-213-228-1988-juliet-lodge-ed.
[29] Statista, “Spotting Fake News on Social Media in France 2021, by Frequency,” May 3, 2022, https://www.statista.com/statistics/745289/fake-news-spotted-social-media-france/.
[30] Euronews, “French Election 2022: Misinformation Spreads Online Ahead of Runoff Vote,” Euronews, April 22, 2022, https://www.euronews.com/my-europe/2022/04/22/french-election-2022-misinformation-spreads-online-ahead-of-runoff-vote.
[31] Freedom House, “France.”
[32] “The Declaration of the Rights of Man and of the Citizen,” elysee.fr, n.d., https://www.elysee.fr/en/french-presidency/the-declaration-of-the-rights-of-man-and-of-the-citizen.
[33] Francesco Alicino, “Freedom of Expression, Laïcité and Islam in France: The Tension Between Two Different (Universal) Perspectives.” Islam & Christian Muslim Relations 27, no. 1 (2016): 51–75. doi:10.1080/09596410.2015.1090105.
[34] “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse,” République Française Légifrance, 2021, https://www.legifrance.gouv.fr/loda/id/LEGITEXT000006070722/.
[35] FondationD, “The Law on the Freedom of the Press of 29 July 1881: A Text That Both Guarantees and Restricts Freedom of Expression,” Fondation Descartes, July 16, 2021, https://www.fondationdescartes.org/en/2021/07/the-law-on-the-freedom-of-the-press-of-29-july-1881-a-text-that-both-guarantees-and-restricts-freedom-of-expression/.
[36] “The Declaration of the Rights of Man and of the Citizen.”
[37] République Française Légifrance, “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse.”
[38] République Française Légifrance, “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse.”
[39] République Française Légifrance, “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse.”
[40] République Française Légifrance, “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse.”
[41] République Française Légifrance, “Loi Du 29 Juillet 1881 Sur La Liberté de La Presse.”
[42] NEWS WIRES, “Risk of Terror Attacks in France Remains Extremely High, Says Interior Minister,” France 24, August 31, 2020, https://www.france24.com/en/20200831-risk-of-terror-attacks-in-france-remains-extremely-high-interior-minister.
[43] “France: Anti-Terrorist Law Prohibiting Citizens from Leaving France Found Constitutional,” The Library of Congress, October 30, 2015, https://www.loc.gov/item/global-legal-monitor/2015-10-30/france-anti-terrorist-law-prohibiting-citizens-from-leaving-france-found-constitutional/.
[44] “LOI N° 2014-1353 Du 13 Novembre 2014 Renforçant Les Dispositions Relatives à La Lutte Contre Le Terrorisme,” République Française Légifrance, 2014, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000029754374.
[45] République Française Légifrance, “LOI N° 2014-1353 Du 13 Novembre 2014 Renforçant Les Dispositions Relatives à La Lutte Contre Le Terrorisme.”
[46] Aurelien Breeden, “France Adopts Laws to Combat Terrorism, but Critics Call Them Overreaching,” The New York Times, July 23, 2021, https://www.nytimes.com/2021/07/23/world/europe/france-terrorism-islamist-extremism-laws-passed.html.
[47] “Décret n° 2015-125 du 5 février 2015 relatif au blocage des sites provoquant à des actes de terrorisme ou en faisant l’apologie et des sites diffusant des images et représentations de mineurs à caractère pornographique,” République Française Légifrance, 2015, https://www-legifrance-gouv-fr.translate.goog/loda/id/JORFTEXT000030195477?_x_tr_sl=fr&_x_tr_tl=en&_x_tr_hl=en; “New French Decree Allows Police to Block ‘Terrorist,’ ‘Child Porn’ Sans Court Order,” February 18, 2015, https://news.bloomberglaw.com/tech-and-telecom-law/new-french-decree-allows-police-to-block-terrorist-child-porn-sans-court-order.
[48] “France: Supports Claim Challenging Lawfulness of Administrative Website Blocking,” ARTICLE 19, February 12, 2018, https://www.article19.org/resources/france-article-19-supports-claim-challenging-lawfulness-of-administrative-website-blocking/.
[49] “France: ARTICLE 19 Supports Claim Challenging Lawfulness of Administrative Website Blocking – ARTICLE 19,” ARTICLE 19, February 12, 2018, https://www.article19.org/resources/france-article-19-supports-claim-challenging-lawfulness-of-administrative-website-blocking/.
[50] “Joint Declaration on Freedom of Expression and the Internet,” ARTICLE 19, February 12, 2018, https://www.article19.org/resources/joint-declaration-freedom-expression-internet/.
[51] “Olivier Faure (PS) Sur La Lutte Contre Le Terrorisme: « Le Premier Ministre a Fait Le Choix de l’efficacité » – Vidéo Dailymotion,” Dailymotion, 2017, https://www.dailymotion.com/video/x2f9y50; les Républicains, Archives des Lutte contre le terrorisme – les Républicains, n.d., Les Républicains, n.d., https://republicains.fr/actualites/category/lutte_contre_terrorisme/; “Attaque terroriste de Trèbes : quand le gouvernement prendra-t-il conscience que nous sommes en guerre ?,” RN – Rassemblement National, n.d., https://rassemblementnational.fr/communiques/attaque-terroriste-de-trebes-quand-le-gouvernement-prendra-t-il-conscience-que-nous-sommes-en-guerre; Angelique Chrisafis, “French MPs Criticise ‘hasty and Ineffective’ Fake News Law,” The Guardian, June 8, 2018, https://www.theguardian.com/world/2018/jun/07/france-macron-fake-news-law-criticised-parliament; PCF – Parti communiste français, “Pour la défense de la liberté d’expression : ‘Femme – Vie – Liberté,’” January 11, 2023, https://www.youtube.com/watch?v=Qy-PMzZC9R8.
[52] “LOI n° 2016-731 du 3 juin 2016 renforçant la lutte contre le crime organisé, le terrorisme et leur financement, et améliorant l’efficacité et les garanties de la procédure pénale,” République Française Légifrance, 2018, https://www.legifrance.gouv.fr/loda/id/JORFTEXT000032627231.
[53] Freedom House, “France.”
[54] “LOI n° 2018-1202 du 22 décembre 2018 relative à la lutte contre la manipulation de l’information,” République Française Légifrance, 2021, https://www.legifrance.gouv.fr/loda/id/JORFTEXT000037847559/.
[55] Michael-Ross Fiorentino, “France Passes Controversial ‘fake News’ Law,” Euronews, November 22, 2018, https://www.euronews.com/2018/11/22/france-passes-controversial-fake-news-law.
[56] Fiorentino, “France Passes Controversial ‘fake News’ Law.”
[57] Fiorentino, “France Passes Controversial ‘fake News’ Law.”
[58] Fiorentino, “France Passes Controversial ‘fake News’ Law.”
[59] “ LOI n° 2020-766 du 24 juin 2020 visant à lutter contre les contenus haineux sur internet,” République Française Légifrance, 2020, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000042031970; “Loi Avia, nos observations devant le Conseil constitutionnel,” La Quadrature Du Net, May 26, 2020, https://www.laquadrature.net/2020/05/26/loi-avia-nos-observations-devant-le-conseil-constitutionnel/.
[60] “France: The Online Hate Speech Law Is a Serious Setback for Freedom of Expression – ARTICLE 19,” ARTICLE 19, June 16, 2020, https://www.article19.org/resources/france-the-online-hate-speech-law-is-a-serious-setback-for-freedom-of-expression/.
[61] “France: The Online Hate Speech Law Is a Serious Setback for Freedom of Expression – ARTICLE 19.”
[62] Jacob Schulz, “What’s Going on With France’s Online Hate Speech Law?,” Lawfare, June 24, 2020, https://www.lawfareblog.com/whats-going-frances-online-hate-speech-law.
[63] Schulz, “What’s Going on With France’s Online Hate Speech Law?”
[64] Hadas Gold, Ya Chun Wang, and Benjamin Berteau, “French Parliament Passes Law Requiring Social Media Companies Delete Certain Content within an Hour,” CNN, May 14, 2020, https://edition.cnn.com/2020/05/13/tech/french-hate-speech-social-media-law/index.html; “Avia Law: Constitutional Council Refuses Censorship without a Judge,” La Quadrature Du Net, October 16, 2020, https://www.laquadrature.net/en/2020/10/16/avia-law-constitutional-council-refuses-censorship-without-a-judge/.
[65] Mathieu Pollet, “French Law on Content Moderation Risks ‘fragmenting’ EU Digital Market, Says Commission,” Www.Euractiv.Com, July 5, 2021, https://www.euractiv.com/section/internet-governance/news/commission-new-french-bill-risks-fragmenting-eu-digital-market/.
[66] Schulz, “What’s Going on With France’s Online Hate Speech Law?”
[67] Schulz, “What’s Going on With France’s Online Hate Speech Law?”
[68] Matthew Holroyd, “French MPs Pass Controversial Law That Restricts Images of Police,” Euronews, April 15, 2021, https://www.euronews.com/2021/04/15/french-mps-pass-controversial-law-that-would-restrict-images-of-police; “France: Freedom of Expression in Decline – ARTICLE 19,” ARTICLE 19, March 16, 2021, https://www.article19.org/resources/france-freedom-of-expression-in-decline/.
[69] ARTICLE 19, “France: Freedom of Expression in Decline – ARTICLE 19.”
[70] Nicolas Chapuis, “Le conseil des droits de l’homme de l’ONU s’inquiète du contenu de la proposition de loi « pour une sécurité globale »,” Le Monde.fr, November 29, 2020, https://www.lemonde.fr/societe/article/2020/11/16/le-conseil-des-droits-de-l-homme-de-l-onu-s-inquiete-du-contenu-de-la-proposition-de-loi-pour-une-securite-globale_6059972_3224.html.
[71] Anne-Solene Gay and James Singer, “Telecoms, Media & Internet Laws and Regulations Report 2022 France,” International Comparative Legal Guides International Business Reports, n.d., https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/france.
[72] Freedom House, “France.”
[73] Freedom House, “France.”
[74] “The Digital Services Act Package,” Shaping Europe’s Digital Future, November 28, 2022, https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package.
[75] “The Digital Services Act Package.”
[76] “Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (Text with EEA relevance),” October 19, 2022, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065&qid=1666857835014; “Press Corner,” European Commission – European Commission, November 16, 2022, https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6906; “Press Corner,” European Commission – European Commission, October 31, 2022, https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6423.
