The law aimed at securing and regulating the digital space (SREN) has just been promulgated. Some of its most controversial provisions have since been censored by the Constitutional Council.
The law intended to secure the internet was passed last April, with the aim of making the digital space more livable. It has since passed through the Constitutional Council, before being promulgated today. And this passage before the council of wise men resulted in the putting aside of provisions which had been much discussed, while retaining the essence of the text.
Several controversial provisions censored
The SREN law was the subject of intense discussions in Parliament at the beginning of spring, in particular because of a measure which had been considered by many to be an attack on freedom of expression. The famous offense of online contempt, which, in article 19 of the bill, wanted to repress “ any content which either violates the dignity of a person or presents an insulting, degrading or humiliating nature towards them, or creates an intimidating, hostile or offensive situation against them ”, was thus rebutted. He was considered by the council to be dependent “ subjective elements relating to the victim’s perception. »
Beyond this controversial provision, the supreme body also censored four legislative riders, i.e. the amendments considered to have been added during the debates and not having a link with the subject of the bill. Among these, article 10, which stated the objective that “ 100% of French people can have access to a free digital identity » by 2027.
Age verification imposed on porn sites… but not for everyone
Among the provisions that passed the review test, we find the question of age control on pornographic platforms. Arcom will now have the power to block and order the delisting within 48 hours of adult sites that do not implement the necessary measures, without needing the intervention of the judicial judge.
The regulatory authority will put in place “ a reference framework setting the minimum technical requirements » to follow for these sites by the end of July. The only hole in the racket is the existence of the Digital Services Act, because of which the law will only apply to sites based in France or outside Europe. However, the most important platforms like Pornhub (Luxembourg) or Xvidéos (Czech Republic) fall into this category. For the latter, it would therefore be up to the European Commission to be responsible for their regulation.
Source : Public life, Next
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