Computer & Communication Industry Association

Court Ruling Rejects Core of French Hate Speech Law

Brussels, BELGIUM — Today the French Constitutional Court published its decision on the French “Avia Law” aimed at combating hate speech online. The Computer & Communications Industry Association (CCIA) welcomes the decision as it highlights the key role of the freedom of expression for a democratic society and calls for a more proportionate approach. The ruling  mirrors concerns highlighted by CCIA following the adoption by the French Assembly. 

The Constitutional Court says that the legislation “undermines freedom of expression and communication in a way that is not appropriate, necessary and proportionate to the aim pursued” making the text not compatible with the French constitution. The French law required platforms to takedown manifestly illegal content upon notification within 24 hours. Among others, the law targeted any hateful attack on someone’s “dignity” on the basis of race, religion, sexual orientation, gender identity or disability. 

The Court also struck down the one-hour removal deadline for terrorist propaganda and child pornographic contents as it contradicts the French Penal code (Art 227-3 and 421-2-5). 

Today’s court ruling sends a strong message to the EU negotiations on the Regulation on preventing the dissemination of terrorist content online which also includes a one-hour removal deadline. It will likely also influence the on-going discussion around the forthcoming EU Digital Services Act proposal which is expected to clarify digital services’ responsibilities toward the presence of illegal content on their services.  

The following can be attributed to CCIA Senior Public Policy Manager, Victoria de Posson: 

“We welcome the French Constitutional Court’s Decision as it underscores the fundamental role of freedom of expression in a democratic society. We agree with the Court on the need to tackle hate speech online in a way that is balanced and proportional. The text adopted by the French Assembly could have led to automated filters causing over-removals of lawful content and harming legitimate free speech. It would disproportionately burden startups that don’t have the needed technical tools and legal expertise.”

For media inquiries, please contact: Heather Greenfield hgreenfield@ccianet.org

News

CCIA to Testify Against Hawaii Tech Bills Raising Free Speech, Privacy, and Innovation Concerns

Washington – The Computer & Communications Industry Association will testify today before the Hawaii House Economic Development & Technology Committee and Senate Labor and Technology Committ...
reading-tablet
  • Press Releases
    Content Moderation
News

CCIA Asks Court  to Continue Blocking Texas’ Unconstitutional App Store Law

Washington - The Computer & Communications Industry Association filed its opposition to Texas’ motion to allow SB2420, the App Store Accountability Act, to take effect while its appeal is heard ...
reading-tablet
  • Press Releases
  • Content Moderation
News

New Report Identifies Major Barriers to Launching a Robust Space Economy

Washington –  A new report by the Computer & Communications Industry Association’s Space and Spectrum Policy Center outlines how reforms to our outdated space launch policy could propel the c...
reading-tablet
  • Press Releases
  • Space & Spectrum
News

CCIA Challenges Unconstitutional App Store Law in Utah

Washington - The Computer & Communications Industry Association has sued the state of Utah in federal court to block SB142, the App Store Accountability Act, as a violation of the First Amendment...
reading-tablet
  • Press Releases
  • Content Moderation