WHO IS RESPONSIBLE FOR ON LINE CONTENT?

Libelous messages posted on discussion groups, intimate images put on line by someone indiscreet… Who is responsible for illicit content that has been put on line?

According to the French law regarding trust in the digital economy (loi pour la confiance dans l'économie numérique, LCEN) dated 21 June 2004, site hosters and technical service providers cannot be held responsible in either civil or criminal terms for the information they host, on the condition that they had no knowledge of the said illicit content and that they acted quickly to have such content removed once they were made aware of its illicit nature. Content editors, on the other hand, can be held responsible without condition. It is for this reason that the LCEN obliges internet providers and site hosters to be in possession of elements concerning the identity of their editors, be they professionals or individuals.

Is the entity (be it a physical or moral person) running a web site responsible for any excessive language used by the visitors to the forum ? Jurisprudence decisions are based on the moment at which content verifications are made for the messages posted. Thus, when messages are moderated prior to going on line, the entity is wholly responsible for their content, as is the author of the message. On the contrary, the entity's responsibility is excluded in cases where the controls are made after going on line, unless the illicit message is not withdrawn despite a request from a third party for such withdrawal.

Although bloggers are naturally responsible for the content of what they put on line, the same is not true for entities that propose blog services for the public, even when these same services include installation and presentation functions.