[Nettime-bold] FRENCH LAW : A corporate law regulates public individual expression

[Christine Treguier <lagadu@altern.org>]

Hi,

The Assembly has not voted the bill of law "Liberty of Audiovisual
Communication" last night. It will go back to Senate on june 27th and Assembly
for vote on june 28th (last day of the parlementary session).

It leaves 12 days to act and react against a law which intends to regulate 
public individual expression, by imposing a BEFOREHANDS OBLIGATION OF
IDENTIFICATION, and should be aim only at defining rights and duties of
companies involved in audiovisual and internet field. And this WITHOUT ANY PRIOR
PUBLIC DEBATE. 

A communique can be found on 

www.altern.org 

and a call for signature is lauched towards associations and groups defending
individual liberties.

Please advertise and circulate widely. 


----------

Translation of the actual bill of law:

BILL OF LAW MODIFYING THE LAW OF SEPTEMBER 30 1986 RELATIVE TO AUDIOVISUAL
LIBERTY OF COMMUNICATION (Last lecture at the assembly )

 Article 1er A


 CHAPITRE VI
« Clauses relative to on line communication services other than private
correspondance »

 Art. 43-6-1.- Physical and moral persons, whose activity is to provide access
to on line communication services other than private correspondance, have to, on

one side inform their subscribers about the existence of technical means
allowing to restrain access to certain services or to select them, on the other
side to propose them these means.

 Art. 43-6-2.- Physical and moral persons who handle, freely or commercially,
the direct and permanent storage of signals, texts, images, sounds or messages
of all nature accessible through their services and at the disposal of the
public, are responsible at the penal or civil level for the content of these
services only if :

 - having been seized by a judicial authority, they have not acted promptly to
forbid access to these contents;

 -or having been seized by a third party estimating that the content they host
is illicit or causes him a prejudice, they have not proceeded to the appropriate

diligences;

 Art. 43-6-3.- The providers mentionned in articles  43-6-1 and
 43-6-2 have to hold and keep the datas allowing identification of the person
having contributed to the creation of a content of the services they are
providing.

They also have to provide people who publish an on line communication service
other than private correspondance, technical means allowing them to satisfy to
the identification conditions determined in article  43-6-4.

Without prejudice of the eventuel application of the clauses of article 226-22
of the penal code', the fact of using the dats mentionned in the first alinea
for ends other than responding to requests of judicial authorities, which can
order communication to the providers mentioned in articles 43-6-1
and  43-6-2 , is punished by the penalties determined by article 226-21 of the
penal code.

A state Council decree defines trhe datas mentionned in the first alinea and
determines the duration and modalities of their conserving.

 Art. 41-6-4.-I. Persons whose activity is to publish an online communication
service other than private correspondance, have to hold at the disposal of the
public :

 -  if they are physical persons, their name, first name and adress;

 - if they are moral persons, their denomination, or their name, and registered
offices;

 -the name of the director or co-director of publication, and eventually, the
name of the editor in the sens of article 93-2 of the law n° 82-652 of july 29
1982 on audiovisual communication.

 -the name or denomination and registered offices of the provider mentionned in
article 43-6-2.

 II.  Persons non professionnaly publishing an online communication service can,

to protect their anonymity,  hold at the disposal of the public only the name or

denomination and registered offices of the provider mentionned in article
43-6-2, with reservation of having communicated him the elements of personnal
identification mentionned in the present article.



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